When confessional walls have ears: The changing clergy privileged communications law

Both recent court decisions and state laws have changed the ethic of confidentiality between clergy and those they serve. Clergy and their church members and clients need to know the limitations upon their private communications. While each state determines the law of privileged communications, the author outlines the general requirements of the privilege. A state-by-state chart is included that references each clergy privilege law and some of the language that limits the privilege.     

The law and counselor ethics

Counselors cannot look only to the law to solve their professional problems in dealing with information about students. Nevertheless, they must understand confidentiality, privilege, and privacy in the context of ethical standards and legal requirements if they are to meet their responsibilities to clients, the profession, and to themselves.     

Protecting Privacy and Confidentiality

Summary

This article discusses the confidentiality of communications between therapist and patient and the scope of, and exceptions to, the privilege preventing such communications from being disclosed. Ethical principles, statutes, and case law will be explored.     

The concept of privilege: a critical appraisal

In this essay, I examine the use of the concept of privilege within the critical theoretical discourse on oppression and liberation (with a particular focus on white privilege and antiracism in the USA). In order to fulfill the rhetorical aims of liberation, concepts for privilege must meet what I term the ‘boundary condition’, which demarcates the boundary between a privileged elite and the rest of society, and the ‘ignorance condition’, which establishes that the elite status and the advantages it confers are not publicly recognised or affirmed. I argue that the dominant use of the concept of privilege cannot fulfill these conditions. As a result, while I do not advocate for the complete abandonment of the rhetoric of privilege, I conclude that it obscures as much as it illuminates, and that the critical theoretical discourse on liberation and oppression should be suspicious of its use.     

A brief diversity training: Raising awareness of ingroup privilege to improve attitudes towards disadvantaged outgroups

Diversity training is a popular strategy to reduce prejudice within educational settings. However, in practice, diversity training rarely relies on social-psychological theory, and research on its effectiveness in real-world settings is scarce. Previous research regarding diversity training has particularly neglected an important theoretical concept: privilege as the counterpart of discrimination. Therefore, we developed a diversity training aiming to increase awareness of ingroup privilege, using an intersectional approach to teach participants the complex interaction between privilege and oppression. We randomly allocated students of educational science (N = 112) to a repeated-measures (pre-test, post-test, follow-up) control-group design. Compared with the control group, training participants showed a significant increase in awareness of ingroup privilege 1 week after the training, whereas there was no change in awareness of discrimination. Furthermore, increased awareness of ingroup privilege 1 week after the training mediated improved outgroup attitudes (i.e., more positive outgroup feelings towards immigrants and refugees, reduced subtle prejudice towards immigrants and reduced homonegativity) 2 weeks after the training.     

From the Ethic of Hospitality to Affective Hospitality: Ethical,Political and Pedagogical Implications of Theorizing Hospitality Through the Lens of Affect Theory

The point of departure of this article is that hospitality in education has not been theorized in terms of emotion and affect, partly because its law(s) have been discussed in ways that have not paid much attention to the role of emotion and affect. The analysis broadens our understanding of the ethics and politics of hospitality by considering it as a spatial and affective relational practice. In particular, concepts from affect theory such as the notion of affective atmospheres and atmospheric walls are discussed to highlight the notion of affective hospitality. It is argued that a greater awareness of the micro-politics of hospitality in its everyday enactment in various educational settings can show educators how specific practices of hospitality work to produce affective spaces in which the socio-historical context of privilege may be interrupted. The paper concludes with a discussion of the ethical, political and pedagogical implications of affective hospitality.

     

Epistemic Privilege and the Success of Science

Realists and anti‐realists disagree about whether contemporary scientists are epistemically privileged. Because the issue of epistemic privilege figures in arguments in support of and against theoretical knowledge in science, it is worth examining whether or not there is any basis for assuming such privilege. I show that arguments that try to explain the success of science by appeal to some sort of epistemic privilege have, so far, failed. They have failed to give us reason to believe (i) that scientists are prone to develop theories that are true, (ii) that our current theories are not apt to be replaced in the future, and (iii) that science is nearing its completion.     

School Counselors and Consultants: Legal Duties and Liabilities

This article provides an overview of legal issues and problems salient to school counselors who provide direct services to students or indirect services through consultation. Among legal issues addressed are privacy, confidentiality, and privilege—conceptually distinct topics that in practice often overlap. Also covered are legal duties pertaining to handling student records, conducting research projects, reporting child abuse, and testing and placing students. Among the legal liabilities discussed are those arising from contract, tort, and criminal law and from violations of federal constitutional and statutory rights.     

Examining awareness of privilege among midwestern college students: An analysis of race/ethnicity,gender, and religion

Dominant group members often are not aware of the privileges they benefit from due to their dominant group membership. Yet individuals are members of multiple groups and may simultaneously occupy multiple categories of dominance and marginality, raising the question of how different group memberships work in concert to facilitate or inhibit awareness of multiple forms of privilege. Examining awareness of privilege is important as awareness may be linked to action to dismantle systems of privilege that maintain oppression and inequality. Grounded in intersectional scholarship, in this study we examined how occupying intersecting categories of race/ethnicity, gender, and religion corresponded to an awareness of White, male, and Christian privilege. In a sample of 2321 Midwestern college students, we demonstrated that students from marginalized groups broadly reported greater awareness of all forms of privilege than students from dominant groups, and the difference between marginalized and dominant groups was most pronounced when the specific group category (e.g., gender) aligned with the type of privilege (e.g., male privilege). We also tested interactions among race/ethnicity, gender, and religion, only finding an interaction between race/ethnicity and religion for awareness of White and male privilege. These findings helped to clarify that multiple group memberships tended to contribute to awareness as multiple main effects rather than as multiplicative. Finally, we examined mean differences among the eight intersected groups to explore similarities and differences among groups in awareness of all types of privilege. Taken together, these findings quantitatively demonstrate the ways in which group memberships work together to contribute to awareness of multiple forms of privilege. We discuss study limitations and implications for community psychology research and practice.     

White Middle‐Class Privilege: Social Class Bias and Implications for Training and Practice

Social class, classism, and privilege and their relationship to counseling have been given insufficient attention. This article defines and explores White middle‐class privilege; it proffers support for its integration in a multicultural competency, as well as its intersection with race and other dimensions of multiculturalism and privilege. Implications for counseling practice plus a clinical case study illustrate the issues. La clase social, el clasismo y el privilegio, así como su relación con la consejería, no han sido tratados con suficiente atención. Este artículo define y explora el privilegio de la clase media Blanca; sugiere apoyar su integración en una competencia multicultural, además de su intersección con la raza y otras dimensiones del multiculturalismo y el privilegio. Las implicaciones para la práctica de la consejería más el estudio de un caso clínico ilustran estan cuestiones.     

Framing inequity safely: Whites' motivated perceptions of racial privilege

Racial inequity was theorized to threaten Whites' self-image when inequity is framed as White privilege but not when framed as anti-Black discrimination. Manipulations of Whites' need for self-regard were hypothesized to affect their perceptions of White privilege but not of anti-Black discrimination. In Experiment 1, White participants reported less privilege when given threatening (vs. affirming) feedback on an intelligence or personality test; in contrast, perceptions of anti-Black discrimination were unaffected by self-concept manipulations. In Experiment 2, threatening (vs. affirming) feedback decreased privilege perceptions only among Whites high in racial identity. Using a value-based self-affirmation manipulation, Experiment 3 replicated the effect of self-image concerns on Whites' perceptions of privilege and provided evidence that self-concerns, through their effect on perceived privilege, influence Whites' support for redistributive social policies.     

White Practitioners in Therapeutic Ally-Ance: An Intersectional Privilege Awareness Training Model

Among White¹When referring to individuals or a group of people, “White” is capitalized in accordance with APA style guidelines. However, references to concepts such as whiteness and white privilege, guilt, and identity are not capitalized. licensed psychologists, social workers, marriage and family therapists, and counselors, research has documented a severe lack of awareness of unconscious stereotyping, systemic racism, white privilege, and white racial identity. This article introduces a privilege awareness pedagogical model as a framework for White students in clinical training programs learning about white privilege, enhancing multicultural competencies, and developing as effective allies in the therapeutic relationship, or therapeutic ally-ance. The model emphasizes intersectional privilege studies to address white privilege along with a wide variety of oppressions often neglected in the curriculum, involves personal reflection on biases and assumptions to enhance multicultural competencies, and promotes student learning through social action to dismantle privilege. The pedagogical benefits of the following activities and assignments are described: 1) group analysis of therapeutic scenarios, 2) photo-voice identity assignment, 3) white privilege reflection paper, and 4) identities education project.     

‘Pissed Off and Confused’/‘Grateful and (Re)Moved’: Affect,Privilege and National Commemoration in Aotearoa New Zealand

This article explores affect, colonial privilege, and the cultural politics of national commemoration in Aotearoa New Zealand. Based on focus-group interviews around two major national days, we examine means through which feelings and emotions are deployed in ways that enable the reproduction of social advantage. Situating affect within patterns of relationship, four interrelated affective-discursive practices are explored. In relation to Waitangi Day, agents tend to work under the rubric of anger and confusion. For Anzac Day, being grateful and moved shapes the interaction, although participants often indicate preferences towards “having a day off.” Given the colonial context in which these practices circulate, analysis observes the associated freedom and ease by which affective-discursive privilege is (re)produced. Often incongruent and rarely challenged, privilege allows associated actors to do what they want, when they want, however they want. This affective climate authorizes the ongoing reproduction of, and justification for, membership to a higher-status ethnic group of which unearned opportunities and entitlements remain its everyday, expected currency.     

The Role of Attitudes Toward White Privilege and Religious Beliefs in Predicting Social Justice Interest and Commitment

The current study examines links among attitudes toward White privilege, religious beliefs, and social justice interest and commitment for White Christian students. Two distinct patterns of results emerged from a path analysis of 500 White Christian students. First, a willingness to confront White privilege was positively associated with the sanctification of social justice (i.e., attributing spiritual significance to working for social justice) and both were positively associated with social justice interest and commitment. Second, awareness of White privilege was negatively associated with religious conservatism, and religious conservatism was negatively associated with social justice interest. These patterns show that White privilege attitudes directly (i.e., willingness to confront White privilege) and indirectly (i.e., awareness of White privilege through religious conservatism) predicted social justice interest and commitment. Moreover, religious beliefs demonstrated opposite patterns of association with social justice interest and commitment such that the sanctification of social justice positively predicted social justice interest and commitment whereas religious conservatism negatively predicted social justice interest. Overall, findings demonstrate direct and indirect links between White privilege attitudes, religious beliefs, and social justice interest and commitment. Limitations and implications for future community psychology research and collaboration also are discussed.     

Science as a justification for psychology as a social institution

Psychology seeks to justify its claims to privilege as a social institution largely on the basis of its scientific knowledge claims. These knowledge claims tend to be based on, and to reflect a particular view about the nature of science which is under increasing challenge. This situation is discussed and some of its implications examined.     

Speaking of privilege: family therapy educators' journeys toward awareness and compassionate action

This study explores how family therapy educators from privileged social locations understand issues of privilege and the process by which they integrate their personal and professional journeys to create and model equity in family therapy training and professional development. These educators developed awareness about issues of privilege and oppression and owned their privilege. Increased awareness involved personal struggles with guilt and managing internalized voices of prejudice that are constantly reinforced in society. These educators adopted a stance of action and accountability for equity. We hypothesize that the process leading to owning one's privilege involves the ability to be compassionate for others' suffering and one's own limitations.     

Potential erosion of psychotherapist-patient privilege beyond California: dangers of "criminalizing" Tarasoff.

The "dangerous patient exception" to psychotherapist-patient privilege, adopted almost a decade before the celebrated case of Tarasoff v. Regents of the University of California (1976), was mentioned in a footnote to that decision in the context of an analogy. Although intended to permit testimony in civil commitment proceedings, this exception has been used to "criminalize" the Tarasoff duty in California. California courts eroded the privilege initially primarily to permit victims to sue psychotherapists and later to require psychotherapists to testify against their patients in criminal proceedings and appear to have confused evidentiary privilege and confidentiality. If consistent, similar reasoning in California in the future should allow therapists to testify against their patients if they were civilly committed in the past for dangerousness and attorneys to testify against their clients in criminal cases if at some earlier time they believed their clients represented a risk of future harm. Although most other jurisdictions may not word their privilege exceptions for civil commitment in the same way as California, most states have some type of privilege exception for civil commitment that could allow for such an interpretation. The United States Supreme Court in Jaffee v. Redmond (1996) found a psychotherapist-patient privilege, but stated in a footnote that an exception to the privilege would exist if a serious threat of harm to the patient could be averted only by means of disclosure by the therapist. Other jurisdictions have begun to consider these issues. Rather than being unique to California, similar reasoning could lead to the "criminalization" of Tarasoff in other jurisdictions and thereby compel therapists outside California to testify against their patients in criminal proceedings.     

Extending the Knapsack: Using the White Privilege Analysis to Examine Conferred Advantage and Disadvantage

This article describes a self-awareness activity that utilizes a directed reading on privilege and a small-group discussion format to examine unearned disadvantage and unearned advantage in one’s life. This exercise can help clinicians to better understand systemic and individual sources of power and privilege in society. Beginning with my previous work on white privilege, students can extend this analysis to other domains of privilege, including, for example, gender, class, sexuality, age, nationality, and physical ability, to name a few. The primary goals of this reflective exercise are to help clinicians understand how clients’ lives are influenced by societal disadvantages and advantages, to encourage a new understanding of oneself, and to increase empathy towards clients.     

Intersectionality: A Model for Addressing the Complexity of Oppression and Privilege

This essay proposes that adopting an intersectional theoretical approach amenable to the values and commitments of our field will enhance our efforts as pastoral theologians seeking to analyze, engage, and resist oppression and privilege in response to forms of difference. Intersectionality is a model that effectively addresses complex individual, relational, structural, and ideological aspects of domination and privilege arising from forms of difference treated oppressively. Methodologically, intersectionality pursues emancipatory praxis toward its telos of social justice. This essay introduces key themes in intersectional theory and draws on them to analyze a case. The essay also briefly explores both points of convergence in the literatures of intersectionality and pastoral and practical theology and points to which pastoral and practical literature may add value to intersectional theory.