while they may still rely on the confessional privilege, where such privilege was protected by the laws, when sued for old cases that happened before the new policy was instituted).”
Bit off topic but relevent...
I was thinking about this listening to someone's story the other day.
I don't believe this has ever been raised on the subject of witness elders having clergy privilege, which I don't believe they have for the following reason. Married women don't have the automatic right to a "confessional" with only themselves as penitent and their elder/s. Elders *and* husband's can over rule that 'right' and insist the husband accompanies the married female penitent. The reverse is not true for husband's.
I'm aware the courts and government institutions have taken into account the fact there are multiple elders involved, including ones at Bethel not present to hear the 'confession'. But I'm not aware they have considered this anomaly with married, female JWs.
I believe this would definitely put the witness set up our of the reasonable realm of penitent and clergy.