Arizona Supreme Court rules clergy abuse reporting optional
Faith & Religion
Post Date:
July 31, 2026
Arizona Supreme Court rules clergy abuse reporting optional
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The Arizona Supreme Court building Associated Press / Photo by Matt York, File
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The state’s highest court issued a unanimous ruling on Thursday that Arizona’s mandatory reporting statutes did not apply to clergy when they hear of abuse during a religious confession. The case stemmed from a civil lawsuit brought by three children in 2020 who suffered unreported abuse from their father, who was a member of the Mormon religion, known as LDS. The children alleged that Mormon leaders knew of the abuse and violated Arizona’s mandatory reporting statutes by not informing police.
But LDS leaders cited a loophole in the law that exempted religious leaders from being legally required to report child abuse. When disclosure is made during private confession, leaders may determine whether reporting is reasonable and necessary within the bounds of their religion, according to the state law.
So what was the final ruling? The First Amendment’s right to freedom of religion barred courts from interpreting or ruling whether religious leaders correctly applied their own religious doctrines, according to a Thursday statement from the court. The states’ reporting laws did shield religious officials from reporting abuse when divulged during religious confessions, the court said. It’s up to religious leaders to decide what constitutes a confidential confession under their religious doctrine, the court added.
The court noted that Mormon leaders learned of the abuse in question during confidential communications during the LDS temple’s disciplinary proceedings. Mormon doctrine required the father’s confessions to remain private, which exempted LDS leaders from mandatory reporting, according to the court.
The court cited collusion or fraud as exceptions to First Amendment protections that allowed the government to get involved in religious institutional matters. Given the lack of evidence suggesting fraud or collusion, the court must respect the group’s interpretation and application of its own religious doctrine, the court added.
The question of clergy compliance with mandatory reporting garnered more public discussion recently. The Department of Justice sued the state of Washington for removing the law’s religious exemption. Federal prosecutors argued that the state’s revised law burdened free religious exercise rights and forced church officials to violate their religious beliefs.
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Christina Grube is a graduate of the World Journalism Institute.
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