SALT LAKE CITY — Two of Utah's largest faiths told FOX 13 News they will not oppose a new bill that seeks to make it easier for ecclesiastical leaders to report abuse, without fear of breaking vows.
Rep. Anthony Loubet, R-Kearns, has introduced House Bill 432 that allows clergy to report abuse that is ongoing — not disclose something that occurred in the past. In exchange, they and their faith will be granted immunity.
"If they do report? They do get liability and criminal liability protections," Rep. Loubet said in a recent interview with FOX 13 News.
That means they can't be sued or even called as a witness in court. The bill makes it a "passive reporting" versus a "mandatory reporting" that some faiths vehemently opposed in the past. They worried that with mandating abuse disclosures, it would pierce the seal of the confessional and violate First Amendment religious freedom rights. But faiths have come under fire for not reporting disclosures of abuses in the past that have led to civil lawsuits.
For years, bills on clergy abuse reporting have failed to advance in the face of opposition from religious groups.
The Church of Jesus Christ of Latter-day Saints, a powerful force on Utah's Capitol Hill, told FOX 13 News on Tuesday it would not oppose Rep. Loubet's bill.
"The Catholic Diocese of Salt Lake City does not oppose the bill regarding child abuse and neglect reporting that is being proposed during this Utah 2024 legislative session as it is currently written," Bishop Oscar Solis' office said in a statement to FOX 13 News. "However, we remain concerned about the possibility that the language could be changed to require that Catholic priests report such abuse even if they have learned about the abuse solely during the Sacrament of Confession. If this requirement were to become law, Catholic priests would face the untenable choice of breaking the law or being excommunicated, because breaking the Seal of Confession means automatic excommunication for a Catholic priest. This would seem to be a blatant violation of the First Amendment."
Rep. Loubet insisted the bill can still help protect children and other vulnerable people from abuse while offering faiths protections for their deeply-held beliefs.
"It allows different faiths to be able to determine how they want to handle it," he said. "The Catholic Church, as part of their practice, the confessional is very sacred."
A similar bill has also been introduced in the House of Representatives. Rep. Brian King, D-Salt Lake City, told FOX 13 News that House Bill 191 offers legal protections to clergy — but they're on their own with their own faith.
"That may get them into trouble in terms of being defrocked if you’re in the Catholic Church or released if you’re an LDS bishop, but there’s no legal consequence to that," he said Tuesday.
Rep. King added his bill says "you may report to law enforcement without... getting you in trouble with the law."
Rep. Phil Lyman, R-Blanding, has introduced House Bill 398 that also seeks to bolster abuse reporting requirements for "heinous" cases of child abuse. The bill so far appears to not require clergy to adhere to it, respecting the confessional, though Rep. Lyman has in the past supported bills that mandate abuse reporting.
Rep. King said he has been speaking with Rep. Loubet about their bills and was hopeful something on the issue would pass this legislative session.
"If it means the bill is more likely to pass whether it’s in his name or my name, that provides greater protection for children or vulnerable adults?" he said. "It’s fine with me."
