Civil Rights
Nov. 9, 2026
Above the law? The clergy sexual misconduct loophole
California law leaves congregants vulnerable to sexual exploitation by clergy, prompting calls for legislation extending the criminal and civil protections already available to clients of other trusted professionals.
In 1989, U.S. District Judge Robert D. Potter famously stated that "[t]hose of us who do have a religion are ridiculed as being saps for money-grubbing preachers or priests." (United States v. Bakker (4th Cir. 1991) 925 F.2d 728, 740.) Some statements reverberate well beyond their reversal.
I write this article as a rabbi, litigator, and frankly, a human being. In full disclosure, I have several clients in active litigation closely resembling this article.
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