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Churches and clergy

clergy-penitent privilege

The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.

In Missouri, the clergy-penitent privilege is recognized and codified in the state's statutes. Under Missouri law, any person who communicates with a clergy member in their professional capacity as a spiritual advisor can invoke this privilege. This means that the person can refuse to disclose, and can prevent the clergy member from disclosing, any confidential communication made for the purposes of receiving spiritual counsel, advice, solace, or religious discipline. The privilege applies regardless of whether the communication was made in a confession, during counseling, or in another context where the communicant sought spiritual guidance. The clergy member is also bound to maintain confidentiality unless the individual who made the confession waives the privilege. However, there are exceptions to this privilege, such as cases involving child abuse, where clergy may be mandated to report certain information to authorities.

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Churches and clergy

clergy-penitent privilege

Individual & Family Legal Plan

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Missouri State Code

Missouri State Code

Churches and clergy

clergy-penitent privilege

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