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

Marriage Counseling

§ 3.08.02
Key point 3-08.02. The clergy-penitent privilege may apply to communications made to a minister in the course of marriage counseling, even when both spouses are present.

Some courts have had difficulty deciding whether the clergy-penitent privilege applies to statements made to clergy in the course of marriage counseling when both spouses are present. Most courts have assumed that statements made to a minister in the course of marriage counseling are made to the minister in his or her professional capacity as a spiritual adviser, and in the course of discipline.[126] People v. Pecora, 246 N.E.2d 865 (Ill. 1969), cert. denied, 397 U.S. 1028 (1970); Kruglikov v. Kruglikov, 217 N.Y.S.2d 845 (1961), appeal dismissed, 226 N.Y.S.2d 931 (1962). The ...

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