While this letter seems to have struck many as very wrong, any other course would be a violation of the law because this is privileged information. In almost every state the Law is very similar to New Jersey's as follows:
"The first issue is whether any correspondence or any communications in the files of the Vicar for Priests is protected by the "cleric-penitent" privilege. The cleric-penitent privilege is codified at N.J.S.A. 2A:84A-23,See footnote 2 which provides:
Any communication made in confidence to a cleric in the cleric's professional character, or as a spiritual advisor in the course of the discipline or practice of the religious body to which the cleric belongs or of the religion which the cleric professes, shall be privileged. Privileged communications shall include confessions and other communications made in confidence between and among the cleric and individuals, couples, families or groups in the exercise of the cleric's professional or spiritual counseling role.
As used in this section, "cleric" means a priest, rabbi, minister or other person or practitioner authorized to perform similar functions of any religion. The privilege accorded to communications under this rule shall belong to both the cleric and the person or persons making the communication and shall be subject to waiver only under the following circumstances:
(1) both the person or persons making the communication and the ccleric consent to the waiver of the privilege; or
(2) the privileged communication pertains to a future criminal act, in which case, the cleric alone may, but is not required to, waive the privilege.
The codified privilege was revised by the Legislature in response to a narrow interpretation given the privilege in State v. Szemple, 135 N.J. 406 < http://lawlibrary.rutgers.edu/cgi-bin/caselink.cgi?cite=135%20N.J.%20406>; (1994). Szemple held that the statute conferred a testimonial privilege only on clergypersons, and that the clergypersons "alone may elect to waive the privilege in their sole discretion and within the dictates of their religious beliefs." Id. at 422-23. Thus, the penitent need not consent to the disclosure of a confession. Id. at 423. In 1994, the Legislature revised the privilege "with unmistakable clarity to confer on both the cleric and on the party who made the communication the power to prevent its disclosure." Biunno, Current N.J. Rules of Evidence, comment 3 to N.J.R.E. 511 (1998-99). "Both the cleric and the penitent are now holders of the privilege." Ibid."
The same course would be followed by minsters of any religion, attorneys, some kinds of social workers, etc.
