Bill Exempts Clergy From Reporting Abuse Lawmaker: Ministers Have ‘Higher Allegiance’

The Idaho Legislature has sent legislation to Gov. Phil Batt that would exempt clergymen from the law requiring people to report suspected cases of child sex abuse.

The House approved the measure 43-25 on Monday, after a long debate in which opponents argued it could allow people who commit sex crimes against children to escape punishment if they tell their clergyman about it in a confidential situation such as the confessional.

“How am I assured the abuse will stop?” said Rep. Robbi King, R-Glenns Ferry. “I don’t believe that. An offender is a manipulator. If he can manipulate a child, I see no reason why he cannot manipulate a clergyman.”

Supporters of the bill said current state law could be making criminals out of many clergymen, because they cannot violate the privacy of confession or other confidential procedures.

“Ministers report to a higher allegiance than state law,” said Rep. Jeff Alltus, R-Coeur d’Alene.

The measure cleared the Senate 30-4 earlier.

“It puts clergymen in a position where they cannot administer to the people they are responsible for,” said Rep. Jim Kempton, R-Albion.

The proposal would exempt any “duly ordained minister of religion” from the reporting requirement. Rep. Bruce Newcomb, R-Burley, said that would allow cult leaders such as Jim Jones or David Koresh to claim the exemption.

But Kempton said there’s no way the Legislature could attempt to determine that one religion was more acceptable than another. Any group that has “a community of religious faith, beliefs, doctrines and practices” could qualify, he said.

Several lawmakers said if the law allows sex criminals to escape punishment for their crimes against children, it wasn’t worth the risk.

“In no circumstances should the cloak of religious freedom be used to cover the crime of sex abuse,” said Rep. Donna Jones, R-Payette. “Is the life of even one child worth the risk?”

Rep. Mark Stubbs, R-Twin Falls, said committee testimony indicated that if clergymen are granted the exemption, they will do everything possible to deal with sex offenders.