As of the date of this publication, Michigan has enacted laws detailing the legal obligation of the clergy in a variety of legal contexts: Confessional, the Michigan Freedom of Information Act, the Election Law, and the Child Protection Law.

Confessional

Under Michigan Law, Section 600.2156 of the Revised Judicature Act of 1961 governs the nondisclosure of confessions. Statements made to members of the clergy for the purpose of confession constitute confidential and privileged communications. Members of the clergy are under a legal obligation not to disclose any statement made during the confession. Furthermore, under Section 767.5a of the Code of Criminal Procedure, such statements, regardless whether made for the purpose of confession, are privileged.

The Michigan FOIA

In 1976, the Michigan legislature enacted the Freedom of Information Act (FOIA). The Michigan FOIA resembles the FOIA of the United States government in that it allows for the disclosure of unreleased public records controlled by the state of Michigan. Section 15.243 of this Act contains an exception to the disclosure requirement pertaining to the clergy privilege. A public body, such as a school district or hospital, is exempt from disclosing information or records subject to the clergy privilege.

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