Privileged Communication for Pastoral Counseling: Fact or Fancy?

Abstract

Notes that privileged communication laws protect the confidential statements of parishioners to their clergy from intrusion by the courts but that the legal status of counseling performed by ministers is less clear or uniform. Argues that common and statutory laws which protect religious confessions should not be construed to protect communications made by parishioners during counseling unless the clergy have demonstrated minimal standards of competency in counseling. Critical responses to the article are provided by a professor of pastoral theology and a law professor.