Churches Defend Clergy Loophole in Child Sex Abuse Reporting
Over the past two decades state lawmakers like Romero have proposed more than 130 bills seeking to create or amend child sex abuse reporting laws, an Associated Press review found. All either targeted the loophole and failed to close it, or amended the mandatory reporting statute without touching the clergy privilege amid intense opposition from religious groups.
In response to the case, state Sen. Victoria Steele, a Democrat from Tucson, on three occasions proposed legislation to close the clergy reporting loophole in Arizona. Steele told the AP that key Mormon lawmakers including a former Republican state senator and judiciary committee chairmen thwarted her efforts before her proposals could be presented to the full Legislature.
In one high-profile example, two Republican legislators took a stand in 2019, refusing to vote for a budget until lawmakers passed a measure allowing past victims of child sexual abuse to sue churches or youth groups that turned a blind eye to the abuse. Legislative business ground to a halt for weeks amid fierce opposition from The Church of Jesus Christ of Latter-day Saints, the Roman Catholic Church and insurers along with their allies in the Legislature, which finally approved the measure.
The U.S. Conference of Catholic Bishops did not immediately return a request for comment about its campaigns against state bills seeking to do away with the clergy-penitent privilege. “When you take away every opportunity for people to get help, they go underground and the abuse continues,” Hill said.
Former California state Sen. Jerry Hill said a bill he introduced in 2019 to require clergy members to report suspicion of child sex abuse or neglect by co-workers was killed after opposition from the Catholic and Mormon churches, as well as other religious groups. Often, legislative efforts to close the clergy loophole run up against lawmakers who are also church members, as well as intimidation from advocacy groups aligned with various religions. It’s a one-two punch that has killed many bills quietly before they are even introduced, and has led to the privilege loophole being deemed by child welfare advocates as a poison pill included in mandatory reporting bills, the AP’s review found.
The blowback also got personal: Devout Catholic members of Romero’s own family stopped talking to her. “They thought I was trying to attack the Catholic Church and get rid of confession, one of our sacraments,” Romero said. “That’s how it was presented to them.” Virginia updated its mandatory reporting law in 2006. While the bill started out with clergy among those listed as reporters with the privilege intact, they would be removed from the final bill. The privilege, oddly, was left in. The state went on in 2019 to add ministers, priests, rabbis and other religious officials to the list of mandatory reporters of child abuse, but again protected the clergy-penitent privilege.
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