1

The statute or court rule recognizing the clergy--penitent privilege in each state is quoted verbatim in Appendix 2 (at the end of this book). For an excellent treatment of the history of the privilege, written by two clergymen who advocate a broad privilege, see W. TIEMANN AND J. BUSH, THE RIGHT TO SILENCE: PRIVILEGED CLERGY COMMUNICATIONS AND THE LAW (1983). See also Callahan, Historical Inquiry into the Priest--Penitent Privilege, 36 JURIST 328 (1976); Mitchell, Must Clergy Tell? Child Abuse Reporting Requirements versus the Clergy Privilege and Free Exercise of Religion, 71 MINN. L. REV. 723 (1986); Reese, Confidential Communications to Clergy, 24 OHIO ST. L.J. 55 (1963); Smith, The Pastor on the Witness Stand: Toward a Religious Privilege in the Courts, 29 CATH. LAW. 1 (1984); Yellin, The History and Current Status of the Clergy--Penitent Privilege, 23 SANTA CLARA L. REV. 95 (1983); see generally J. WIGMORE, WIGMORE ON EVIDENCE §§ 2394--2396 (McNaughton rev. ed. 1961 & Supp. 1991); Annot., 71 A.L.R.3d 794; Annot., 49 A.L.R.3d 1205.