The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.
In Texas, the clergy-penitent privilege is recognized and codified in the Texas Rules of Evidence, Rule 505. This privilege ensures that a person who confides in a clergy member can prevent the clergy from disclosing any confidential communication made for the purpose of seeking spiritual counsel. The privilege applies to communications with ministers, priests, rabbis, or other leaders of any established church or religious organization. It is the communicant's privilege to refuse to disclose the confidential communication or to prevent the clergy member from disclosing it. However, there are exceptions to this privilege, such as when the communication is made in the presence of third parties who are not there to further the purpose of the communication or when the communication relates to planning a future crime or fraud.
