Clergy Malpractice

AuthorJeffrey Lehman, Shirelle Phelps

Page 437

A breach of the duty owed by a member of the clergy (e.g., trust, loyalty, confidentiality, guidance) that results in harm or loss to his or her parishioner. A claim for clergy malpractice asserts that a member of the clergy should be held liable for professional misconduct or an unreasonable lack of competence in his or her capacity as a religious leader and counselor.

Generally speaking, most clergy malpractice cases are couched in terms of TORT LAW as matters of alleged NEGLIGENCE, abuse of authority or power, inappropriate conduct, breach of confidentiality and trust, or incompetence. The claims assert that members of the clergy owe the same kind of duty to persons they serve as doctors owe to patients or lawyers owe to clients. Most licensed professionals in the secular world, including physicians, lawyers, and psychologists, may be held liable for negligence. Clergy members, however, are not licensed as professional counselors, making them accountable only to religious standards in many jurisdictions. Moreover, because the practice (or "free exercise") of religion is protected by the Constitution, which, under the FIRST AMENDMENT, requires separation of church and state, courts remain reluctant to apply secular laws to what they perceive as religious matters. For these and other social reasons, claims of clergy malpractice historically were relatively fruitless, with courts consistently ruling in favor of defendants. In the late 1990s, however, a rising number of sexual misconduct allegations surfaced in the Roman Catholic Church, which resulted in courts taking a closer look at the viability of such a legal premise.

One of the earlier claims for clergy malpractice was brought in Nally v. Grace Community Church of the Valley, 47 Cal. 3d 278, 763 P.2d 948, 253 Cal. Rptr. 97 (1988). In Nally, the parents of 24-year-old Kenneth Nally argued that pastors at Grace Community Church, in Sun Valley, California, were liable for his suicide in 1979. Nally's parents maintained that church pastors should have directed him to seek psychiatric care. Instead, they claimed, the pastors may have actually encouraged Nally's suicide by teaching him that taking his own life would not prevent his entrance into heaven.

The ensuing litigation extended over eight years. The final appeal to the California Supreme Court attracted about 1,500 churches and religious organizations that spoke out in support...

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