In Stephens v. Metropolitan New York Synod of the Evangelical Lutheran Church in America, (Dutchess Cty. NY Sup. Ct., April 29, 2024), a New York state trial court dismissed a suit for breach of fiduciary duty, infliction of emotional distress, hostile work environment and defamation brought by an Episcopal clergyman, who was also on the Roster of Ministers of the Evangelical Lutheran Church. Plaintiff had sought out pastor Christopher Mietlowski for a confidential confessional conversation about an extramarital affair. Despite the assurance of confidentiality, Mietlowski disclosed the information to the bishop of the New York Synod of the ELCA who in turn disclosed the information to plaintiff's wife who was also a pastor. The bishop also disclosed the information to the Episcopal Church which suspended plaintiff's license to officiate. Subsequently, ELCA removed plaintiff from its roster of clergy.
The court held that even though New York has codified the clergy-penitent privilege, that provision does not give rise to a cause of action for breach of fiduciary duty when a conversation between a congregant and a member of the clergy is disclosed. The court also rejected plaintiff's claims growing out of his removal from the roster of ministers of the ELCA saying that this was an ecclesiastical decision about a minister's qualifications to serve which is beyond the power of civil courts to review.
