Should Clergy Be Exempt From Mandatory Reporting Laws?

Abstract Mandatory reporting laws are one of the main tools that governments in the United States use to curb abuse. While clergy have historically been exempted from these laws, this privilege has increasingly come under fire. This essay argues that a certain degree of clergy privilege is warranted. Specifically, it argues three main points. First, laws that require every adult to report credible evidence of abuse are problematic and ought to be repealed. Second, if religion is special, there should be widespread exemptions for clergy from mandatory reporting laws. Third, if religion is not special, confessors should still be exempt from mandatory reporting laws. One of the upshots of this essay is that regardless of whether religion is special, confessors should not be obligated to report abuse heard in the confessional.