Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Clergy-Parishioner Relationship

Volume 1 . Chapter 3 . § 3-08.1
Key point 3-08.01. The courts have not required that a counselee be a church member in order for communications to a minister to qualify for the clergy-penitent privilege. However, church membership is a factor that the courts have considered in deciding if the privilege applies to a particular communication.

Most courts that have addressed the question have concluded that a person need not be a member of a minister's church in order to invoke the clergy-penitent privilege. as a result, even though the person making the communication is not a member of the minister's church, his or her confidential communications to the minister generally will be privileged. This certainly is the correct view, since the purpose underlying nondisclosure of confidential ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


When Your Church Buys Property

When Your Church Buys Property

This training resource helps your church develop a plan for purchasing property.
Church Property & Administration: Volume 2 of Pastor, Church & Law

Church Property & Administration: Volume 2 of Pastor, Church & Law

Topics: inspection of records, federal reporting requirements, incorporation, zoning laws, and more.