Attorney Lauds Court's Affirmation Of Clergy-Counselee Privilege
by Allie Martin
September 3, 2004
(AgapePress) - A Florida court has ruled that state officials cannot force a pastor to violate clergy confidentiality. Several years ago the State of Florida filed criminal charges against Lowell Bloom, alleging child sexual abuse. Bloom had received spiritual counseling from Doctor Joseph Nussbaumer Junior, pastor of Groveland Free Church. State officials ordered Pastor Nussbaumer to testify in court and give his notes to the state. Nussbaumer refused and contacted Liberty Counsel, a nonprofit legal organization, which appealed the state's decision.
Mat Staver | |
Mat Staver is President and General Counsel of Liberty Counsel. He says the State of Florida, instead of proving its case by corroborating evidence, tried to attack and undermine the privilege that exists between a minister and a parishioner that he or she is counseling. However, he notes, "We represented Pastor Nussbaumer ... [and] the court unanimously agreed with our position and rejected the state's arguments."
Staver acknowledges that many might feel a pastor has a responsibility disclose even privileged information when allegations as serious as child abuse exist. "The issue that some people may ask," he says, "is, 'If this person was accused of sexual child abuse, shouldn't the pastor reveal that particular counseling?'"
But while the attorney understands the thinking behind the question, he insists, "The answer to that is no, because the confidentiality lies in the person who is confiding -- not in the pastor -- and the pastor must abide by that confidentiality."
Staver contends the state has no right to eavesdrop when a pastor or priest discusses personal matters with someone in his or her care. The head of Liberty Counsel applauds the Florida court's ruling, calling it a major victory for clergy who are called upon to offer spiritual counsel and biblical advice to people, and who have a moral responsibility to keep those people's confidences.
