QUESTION
Is malicious bad faith action by a congregant a reason a pastor can breach confidentiality of that congregant?
Asked on May 02nd, 2017 on Libel, Slander and Defamation - New York
More details to this question:
I am a congregation leader. An ex-congregant of mine whose wife was caught in a long series of improprieties, is on a vengeful spree of counter-defamation after an improper exit from our assembly; and he is relying on my unsullied track record of confidence-keeping to get away with his misrepresentations. If I share what I know – I can easily rebut his slanders; but I would have to break his and his wife's confidence to do so. Is there firm legal precept and or precedence about this, one way or another?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You are free to spread the truth. Although clergy-congregant privilege allows a member of the clergy to decline to divulge congregant confidences, there is no liability for breaching such confidences. You are under no obligation, legally or morally, to continue to enable this person to slander others by remaining silent.
Answered on May 02nd, 2017 at 9:42 PM