Clergy Counselors and Confidentiality: A Case for Scrutiny: Rabbis Weinberger & Flaum

Jaapl    This is in regards to my recent post regarding Rabbi Biderman's breach of confidentiality by forwarding emails from Beth Alexander to her husband and a judge who is a friend of the husband. That raises the larger question of the parameters of rabbinic confidentiality. I am posting a link to legal discusion of a case in New York in which two rabbis tranmitted information that the wife revealed to them - to her then husband without informing her in advance or even warning her that they were obligated to reveal certain information to the husband. Was there in fact any halachic justification for Rabbi Biderman to reveal Beth's emails to her husband?

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As religious organizations contribute increasingly to community mental health, counseling by clergy acquires greater significance. As a result, clergy confront from time to time ethics challenges resulting from the need to balance a commitment to clients and an obligation to follow the requirements of religious doctrine. The recent New York case of Lightman v. Flaum highlights an example of this dilemma. A woman who asked two rabbis (Flaum and Weinberger) for help in her marriage complained that they had violated the confidentiality she expected of them. The rabbis requested summary judgment based on religious grounds, and the trial court rejected their request. The state’s highest court concurred with an appeal court’s reversal of the trial court. We discuss the arguments raised in this case about the extent to which clergy may owe a duty of confidentiality to those who consult them for psychological help, and we also consider the religion-based arguments that would fashion an exception to confidentiality in this unique context.