Confidentiality and the Clergy

Abstract

This essay explores the legal, historical, and pastoral dimensions of confidentiality in clergy-penitent relationships. Beginning with case studies illustrating conflicts between pastoral duty and court orders, Wiederich reviews biblical principles (e.g., Proverbs 25:9; Matthew 18:15) and historical precedents from early church fathers, Luther, and Lutheran synodical statements affirming strict confidentiality. The paper surveys U.S. state statutes, noting variations in scope and interpretation, and highlights challenges posed by mandatory child abuse reporting laws, which often override traditional privileges. Practical guidelines urge pastors to maintain confidentiality for effective ministry, understand state laws, seek legal counsel when subpoenaed, and prepare for potential malpractice claims through insurance and clear role definition. The essay underscores confidentiality as essential for pastoral care while warning of legal complexities that require vigilance and professional prudence. —Abstract prepared by Microsoft Copilot (GPT‑4)