united-states religion rules-of-evidence confidentiality
In what states of the U.S., and under what conditions can a priest be compelled to testify of information a penitent disclosed to them?
<p>If the states where it is privileged, and may not be admissible in court are fewer, which states are they?</p>
<p>Does it matter if information disclosed during priest-penitent communications had been known to the priest prior to the priest from another source? Or after?</p>

<p>The priest-penitent privilege exists in all 50 states in some form, as discussed in <a href="https://www.mtsu.edu/first-amendment/article/922/priest-penitent-privilege" rel="nofollow noreferrer">this article</a> and <a href="https://www.gspalaw.com/wp-content/uploads/2015/12/Clergy-Penitent-Privilege.pdf" rel="nofollow noreferrer">this</a>. In the US, in <a href="https://www.standleague.org/resources/religious-freedom/case-library/people-vs-phillips-1813.html" rel="nofollow noreferrer">People v. Phillips</a> (1813) this is a consequence of the Free Exercise clause (this is where the clause &quot;sprang to life&quot; in constitutional law. The statements excluded vary between states as discussed in <a href="https://www.gspalaw.com/wp-content/uploads/2015/12/Clergy-Penitent-Privilege.pdf" rel="nofollow noreferrer">this article</a>, so Montana and Wyoming only recognize the privilege for &quot;confessions&quot;, whereas New Jersey have a broader interpretation of the privilege. The privilege only exists w.r.t. communications between a clergy member and the accused, and does not apply to things that a clergy member may know about a person (but it's a separate question whether heresay is admissible, anyhow).</p>
