At this point, I assume most of our readers have seen today’s AP story. If not, you can read it here (but be warned: it’s disturbing and disgusting and the church—rightly, imho—comes out looking terrible).

What underlies this miscarriage of justice is the clergy-penitent privilege. And what is that? It’s a legal privilege that protects confessional communications between clergy and a person who goes to the clergy for spiritual counselling.

It’s a state-level privilege, meaning it’s created and governed by state, not federal, law. And in every state it differs at least a little. And honestly, privilege broadly—and clergy-penitent privilege in particular—is outside of my area of expertise. I understand it broadly, but the contours are tough and specific.