The Arizona Supreme Court unanimously ruled Thursday that religious institutions, not the courts, are entitled to decide when to report confessions of child abuse.
Religious groups also get to decide who beyond the actual members of the "clergy" are exempt from reporting requirements, the justices concluded.
That means the Church of Jesus Christ of Latter-day Saints and two of its bishops do not have to stand trial for failing to tell authorities that a Bisbee man was sexually abusing his young children.
But the extensive opinion written by Justice John Lopez also creates a new binding precedent that, in turn, will affect all future cases where churches, synagogues, mosques and other religious institutions get to claim immunity based solely on their own interpretation of what their faith requires and not what some jury might decide.
"We may not substitute our interpretation of Church doctrine for the Church's reading of its own doctrine,'' Lopez wrote.
Attorney Lynne Cadigan represents the children of Paul Adams who were the victims of the unreported sexual abuse at the heart of this case. She said she intends to seek review by the U.S. Supreme Court.
Cadigan said she believes the all seven justices got it wrong in saying that civil courts have to defer to what churches say are their rules.
"This gives all religions absolute immunity to keep child abuse secret,'' she said.
"This makes Arizona a very dangerous state for children,'' Cadigan continued. "We have made it more dangerous, less safe, and give churches complete immunity to hide and conceal sex offenders."
-
Bishop James Misko signed onto a letter calling for immigration reform and helped lead a mass on the Arizona-Mexico reporter in Nogales late last week called Border Mass 250.
-
The U.S. Attorney’s Office for Arizona says last July, Kevin Pyles posted an antisemitic flyer on the front door of a Phoenix synagogue.
-
Rep. Stephanie Stahl Hamilton found herself at the center of a major controversy at the Arizona Capitol just a few years ago, dubbed “Biblegate.”
-
The actual rules around biblical eating seem up for interpretation — anything from eating only what’s directly mentioned in the good book, to eating whole foods, to cutting out ultra-processed foods.
-
Members of the Church of Jesus Christ of Latter-day Saints were up in arms last week after the Department of Defense — under the leadership of Secretary Pete Hegseth — left them off its newly slimmed down list of Christian religions.