Virtual Confessions: Examining the Clergy Privilege’s Extension to Artificially Intelligent Religious Robots

Authors

Samuel N. DickFollow

Abstract

Artificial Intelligence (AI) is fundamentally changing the world. AI’s rapid development is driving its integration into every industry, including those traditionally untouched by technology—such as religion. Today, faith groups in America and globally, are integrating AI-driven robots in roles traditionally held by human priests, clergy, or pastors. AI robots have begun giving sermons, conducting funerals/weddings, providing spiritual counseling, and conducting the sacrament of confession. Some faith groups have gone further claiming the worship of AI as an independent religion, and have received § 501(c)(3) tax-exempt status as a church. Whether thoughts of sacrileges, inevitability, or a science-fiction novel emerge, AI’s integration into spiritual practices highlights its transformative impact on humanity’s most profound beliefs.

This Article does not attempt to answer these “ultimate” questions. However, it does recognize that with technology filling such professional roles, many legal issues of first impression will arise. One such question is: With AI beginning to fill traditional pastoral roles, could the clergy privilege protect certain religious communications with AI? This Article answers yes, and is the first to explore such an issue.

The clergy privilege forbids judicial inquiry into certain communications between clergy and individuals seeking spiritual counsel. Because each state has its own clergy privilege statute, this Article surveys and addresses the prevailing majority approach. Under the majority approach, broad language defines clergy and what qualifies communications as protected. This, combined with precedent, supports the assertion that the privilege could protect communications with AI when the technology is formally endorsed by the church to, and does, fill roles traditionally carried out by clergy. This level of endorsement for religious AI has already occurred and soon will be challenged in court.

This Article explains that because of the religious nature of the privilege, legislators are ill-equipped to regulate how churches integrate AI into ministry due to constitutional restraints. However, churches not wanting the privilege to extend to AI communications but still intend to utilize the technology have a plausible solution—through an effective terms-of-use AI policy.

Overall, this Article aims to enlighten. In a world where technology continues to reshape our culture and lives, collective awareness is our most potent tool in protecting and empowering future generations.

Recommended Citation

Samuel N. Dick, Virtual Confessions: Examining the Clergy Privilege’s Extension to Artificially Intelligent Religious Robots, 9 U. Cin. Intell. Prop. & Comput. L.J. (2024)
Available at: https://scholarship.law.uc.edu/ipclj/vol9/iss2/1