A person embraces their adoptive mother in Arizona in 2021. The person was placed in foster care after sexual assault by their father. Photograph: Dario Lopez-Mills/APView image in fullscreenA person embraces their adoptive mother in Arizona in 2021. The person was placed in foster care after sexual assault by their father. Photograph: Dario Lopez-Mills/APArizona clergy who learn of child abuse in confessions aren’t required to report it, court rulesState supreme court rules in case of two bishops who were silent about three children abused by Mormon parents
Clergy members in Arizona who learn of child abuse in the context of religious confession are not required to report it, the state’s supreme court has said in a ruling that protects what church leaders call the “seal of the confessional”.
The panel’s ruling ends a long-running case in which three children who were sexually abused by their parents sued the Church of Jesus Christ of Latter-day Saints (LDS), also known as the Mormon church, and two bishops who became aware of the crimes but remained silent.
The case has parallels in a short-lived 2025 law in Washington state that would have compelled clergy members there to report sexual abuse. That proposal was permanently withdrawn in October after legal action by the Catholic church.
In a statement, the LDS welcomed the unanimous ruling by the state supreme court on Thursday that exempts clergy members as “mandated reporters” if they learned of the abuse of minors in the confession booth or through other “confidential” methods.
“The abuse of a child or any person is a tragic betrayal of trust,” it said. “The abuse at the center of this case was reprehensible, and the church has always condemned it. The church is deeply concerned for these children and for all who have suffered abuse.
“The church devotes significant resources to preventing abuse, helping victims, and encouraging reporting through safeguarding efforts around the world. The church has always been willing to help the victims in this case and that continues to be true.
“Arizona law also recognizes the confidential nature of religious confession. [The] decision affirms that these religious protections are to be respected alongside society’s shared commitment to protect the vulnerable.”
The case centered on a 2020 lawsuit filed by the children of Paul and Leizza Adams, who reported being abused by the Cochise county couple over a number of years.
Court filings said Paul Adams, who took his own life in jail while awaiting trial, admitted his crimes to a bishop while in confession in 2011. And, court filings said, they were discussed at a formal disciplinary hearing led by a separate bishop the following year.
A 2022 investigation by the Associated Press, however, recounted how the church followed its own policy of keeping the information to itself. The second bishop called an internal church helpline for advice, the AP reported, but was advised not to call police or child welfare officials.
The abuse continued, and it was not until 2017 that Adams and his wife were arrested after a video they made of some of the abuse turned up in New Zealand. Adams died awaiting trial, and Leizza Adams received a 30-month sentence in 2018 after pleading no contest to two felony charges of child abuse.
The Arizona supreme court’s ruling overturned a state appeals court ruling for the children on the grounds that the confession and disciplinary hearing discussions might not have been truly confidential.
In the 23-page ruling, John Lopez, the supreme court vice-chief justice, said the US constitution’s first amendment – which addresses religious freedom – prevented courts and juries from assessing religious doctrine when considering a clergy member’s reasons for choosing not to report abuse.
“Our decision ‘does not mean that religious institutions enjoy a general immunity from secular laws’,” he wrote, citing a 2020 US supreme court ruling about the church’s right to determine matters of government, faith and doctrine “free of government interference”.
“If a court finds a religious institution submitted evidence procured through ‘fraud’ or ‘collusion’ for secular purposes, it will lose the religion clauses’ protection” in the constitution.
There was no evidence the LDS church had done so, Lopez wrote.
In the US, call or text the Childhelp abuse hotline on 800-422-4453 or visit their website for more resources and to report child abuse or DM for help. For adult survivors of child abuse, help is available at ascasupport.org. In the UK, the NSPCC offers support to children on 0800 1111, and adults concerned about a child on 0808 800 5000. The National Association for People Abused in Childhood (Napac) offers support for adult survivors on 0808 801 0331. In Australia, children, young adults, parents and teachers can contact the Kids Helpline on 1800 55 1800, or Bravehearts on 1800 272 831, and adult survivors can contact Blue Knot Foundation on 1300 657 380. Other sources of help can be found at Child Helplines International
