MBE Rules · Evidence
Clergy-penitent privilege
The rule
A person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication made to a member of the clergy in the clergy member's capacity as a spiritual adviser. The privilege is held by the communicant; the clergy member may assert it on the communicant's behalf. Requires that the communication be made in confidence and for the purpose of seeking spiritual counsel.
In plain English
Recognized in all U.S. jurisdictions and by federal common law. Statements made in group settings or for a non-spiritual purpose (e.g., to a clergy member acting as a friend or business adviser) fall outside the privilege.
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