Lawsuit against Mormon church moves forward in sexual abuse case
Why it matters: The ruling argues there are limits to Arizona's guarantee of " clergy-penitent privilege," reversing a lower court's dismissal.
Catch up quick: The man confessed to his bishop in 2011 and was excommunicated in 2013, court records show. But the bishop later told police that church officials told him not to report the man because state law required him to keep the confession confidential.
The abuse continued until 2017, when investigators found incriminating footage online. The man was arrested and died by suicide months later.
Friction point: A judge in 2023 ruled that the man's children couldn't sue the church because clergy are not required to report abuse they learn about in a spiritual confession.
Yes, but: On Tuesday, the three appellate judges said clergy privilege may not apply in this case, and a jury should decide whether church officials were required to report to police.
The man later admitted the abuse to his wife during a meeting with a bishop — and a jury could reasonably decide that meeting was not a religious confession, Tuesday's ruling states.
He also confessed in a church disciplinary hearing, which may not amount to "spiritual counsel" that's exempt from reporting requirements, the judges ruled.
The other side: The church plans to appeal, a spokesperson told Axios.
"In this tragic case involving abuse perpetrated by the children's father, the church and its clergy acted in accordance with Arizona law," a prepared statement reads.
The intrigue: The judges also found that LDS doctrine may not actually require bishops to keep confessions confidential.
They cited a passage in the church handbook that allows bishops to report "when disclosure is necessary to prevent life threatening harm or serious injury."
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