Review: Religious Confession and Evidential Privilege in the 21st Century, edited by Mark Hill QC and A. Keith Thompson

Abstract

This book of essays investigates legislative and judicial trends toward abrogating the confidentiality of religious confession in Australia, Europe, and the United States. The larger issues, of course, are freedom of conscience and the limits the state may try to impose upon religious groups, most particularly in cases of child abuse. The three essays in Part I criticize the recommendations of the Australian Royal Commission into Institutional Responses to Child Sexual Abuse, which advised states to remove legal protections for confessions made within a religious setting. Part II considers examples from Europe, where, given the establishment of religion, canon law was part of state codes. Confessional privilege there was largely sacrosanct until the twentieth and twenty-first centuries. Part III examines the situation in the United States. Clergy sexual misconduct has driven state legislatures to remove confessional protections, and led to a general decline of religious freedom in that nation.Of particular interest to readers of Nova Religio may be the final essay in the book, which argues that the Church of Scientology has a legitimate claim of confidentiality to shield communications between parishioners and ministers. Since Scientology auditors perform the traditional role of ministers, learning private and personal information in the process of aiding self-realization or problem-solving, auditing meets all the requirements for constitutional protection.The contributors to this volume all view the erosion of confessional privilege as an attack on the free exercise of religion. The editors decry the West’s “growing disinterest in freedom of conscience and religion” and point to its neglect of “Uighur Muslims in China, Rohinga Muslims in Myanmar, Bahais in Iran, Jehovah’s Witnesses in Russia and Christians in general in Iraq” (15). Readers interested in issues of religion and law and the protection of religious rights will want to read this book.