38.

Church Policies and Guidelines

38.6

Policies on Moral Issues

Section 38 Church Policies and Guidelines

A few policies in this section are about matters that the Church “discourages.” Church members usually do not experience membership restrictions because of their decisions about these matters. However, all people are ultimately accountable to God for their decisions.

38.6.1

Abortion

Section 38 Church Policies and Guidelines

The Lord commanded, “Thou shalt not … kill, nor do anything like unto it” (Doctrine and Covenants 59:6). The Church opposes elective abortion for personal or social convenience. Members must not submit to, perform, arrange for, pay for, consent to, or encourage an abortion. The only possible exceptions are when:

• Pregnancy resulted from forcible rape or incest.

• A competent physician determines that the life or health of the mother is in serious jeopardy.

• A competent physician determines that the fetus has severe defects that will not allow the baby to survive beyond birth.

Even these exceptions do not automatically justify abortion. Abortion is a most serious matter and should be considered only after the persons responsible have consulted with their bishops and received divine confirmation through prayer.

Presiding officers carefully review the circumstances if a Church member has been involved in an abortion. A membership council may be necessary if a member submits to, performs, arranges for, pays for, consents to, or encourages an abortion (see 32.6.2.5). However, a membership council should not be considered if a member was involved in an abortion before baptism. Nor should membership councils or restrictions be considered for members who were involved in an abortion for any of the three reasons outlined earlier in this section.

Bishops refer questions on specific cases to the stake president. The stake president may direct questions to the Office of the First Presidency if necessary.

As far as has been revealed, a person may repent and be forgiven for the sin of abortion.

38.6.2

Abuse

Section 38 Church Policies and Guidelines

Abuse is the mistreatment or neglect of others in a way that causes physical, sexual, emotional, or financial harm. The Church’s position is that abuse cannot be tolerated in any form. Those who abuse their spouses, children, other family members, or anyone else violate the laws of God and man.

All members, especially parents and leaders, are encouraged to be alert and diligent and do all they can to protect children and others against abuse. If members become aware of instances of abuse, they report it to civil authorities and counsel with the bishop. Church leaders should take reports of abuse seriously and never disregard them.

All adults who work with children or youth are to complete children and youth protection training within one month of being sustained (see ProtectingChildren.ChurchofJesusChrist.org). They are to repeat the training every three years.

When abuse occurs, the first and immediate responsibility of Church leaders is to help those who have been abused and to protect vulnerable persons from future abuse. Leaders should not encourage a person to remain in a home or situation that is abusive or unsafe.

38.6.2.1

Abuse Help Line

In some countries, the Church has established a confidential abuse help line to assist stake presidents and bishops. These leaders should promptly call the help line about every situation in which a person may have been abused—or is at risk of being abused. They should also call it if they become aware of a member viewing, purchasing, or distributing child pornography.

The help line is available for bishops and stake presidents to call 24 hours a day, 7 days a week. Phone numbers are shown below.

• United States and Canada: 1-801-240-1911 or 1-800-453-3860, extension 2-1911

• United Kingdom: 0800 970 6757

• Ireland: 1800 937 546

• France: 0805 710 531

• Australia: 02 9841 5454 (from within the country)

• New Zealand: 09 488 5592 (from within the country)

Bishops and stake presidents should call the help line when addressing situations involving any type of abuse. Legal and clinical professionals will answer their questions. These professionals will also give instructions about how to:

• Assist victims and help protect them from further abuse.

• Help protect potential victims.

• Comply with legal requirements for reporting abuse.

The Church is committed to complying with the law in reporting abuse (see 38.6.2.7). Laws differ by location, and most Church leaders are not legal experts. Calling the help line is essential for bishops and stake presidents to fulfill their responsibilities to report abuse.

A bishop should also notify his stake president of instances of abuse.

In countries that do not have a help line, a bishop who learns of abuse should contact his stake president. The stake president should seek guidance from the area legal counsel at the area office. He is also encouraged to counsel with the Family Services staff or the welfare and self-reliance manager at the area office.

38.6.2.3

Child or Youth Abuse

Abuse of a child or youth is an especially serious sin (see Luke 17:2). As used here, child or youth abuse includes the following:

• Physical abuse: Inflicting serious bodily harm by physical violence. Some harm may not be visible.

• Sexual abuse or exploitation: Having any sexual activity with a child or youth or intentionally allowing or helping others to have such activity. As used here, sexual abuse does not include consensual sexual activity between two minors who are close in age.

• Emotional abuse: Using actions and words to seriously damage a child or youth’s sense of self-respect or self-worth. This usually involves repeated and continuing insults, manipulations, and criticisms that humiliate and belittle. It may also include gross neglect.

• Child pornography: See 38.6.6.

If a bishop or stake president learns of or suspects child or youth abuse, he promptly follows the instructions in 38.6.2.1. He also takes action to help protect against further abuse.

A Church membership council and record annotation are required if an adult member abuses a child or youth as described in this section. See also 32.6.1.1 and 38.6.2.5.

If a minor abuses a child, the stake president contacts the Office of the First Presidency for direction.

Physical or emotional bullying between children or youth of a similar age should be addressed by ward leaders. A membership council is not held.

38.6.2.4

Abuse of a Spouse or Another Adult

Abuse of a spouse or another adult can occur in many ways. These include physical, sexual, emotional, and financial abuse. Adults who are elderly, vulnerable, or disabled are sometimes at high risk for abuse.

Often there is not a single definition of abuse that can be applied in all situations. Instead, there is a spectrum of severity in abusive behavior. This spectrum ranges from occasionally using sharp words to inflicting serious harm.

If a bishop or stake president learns of abuse of a spouse or another adult, he promptly follows the instructions in 38.6.2.1. He also takes action to help protect against further abuse.

Leaders seek the direction of the Spirit to determine whether personal counseling or a membership council is the most appropriate setting to address abuse. They may also counsel with their direct priesthood leader about the setting. However, any abuse of a spouse or another adult that rises to the levels described below requires holding a membership council.

• Physical abuse: Inflicting serious bodily harm by physical violence. Some harm may not be visible.

• Sexual abuse: See the situations specified in 38.6.18.3.

• Emotional abuse: Using actions and words to seriously damage a person’s sense of self-respect or self-worth. This usually involves repeated and continuing insults, manipulations, and criticisms that humiliate and belittle.

• Financial abuse: Taking advantage of someone financially. This may include the illegal or unauthorized use of a person’s property, money, or other valuables. It may also include fraudulently obtaining financial power over someone. It could include using financial power to coerce behavior. See also 32.6.1.3.

38.6.2.7

Legal Issues Relating to Abuse

If a member’s abusive activities have violated applicable law, the bishop or stake president should urge the member to report these activities to law enforcement personnel or other appropriate government authorities. The bishop or stake president can obtain information about local reporting requirements through the Church’s help line (see 38.6.2.1). If members have questions about reporting requirements, he encourages them to secure qualified legal advice.

Church leaders and members should fulfill all legal obligations to report abuse to civil authorities. In some locations, leaders and teachers who work with children and youth are considered “mandated reporters” and must report abuse to legal authorities. Similarly, in many locations, any person who learns of abuse is required to report it to legal authorities. Bishops and stake presidents should call the help line for details about mandated reporters and other legal requirements for reporting abuse. The Church’s policy is to obey the law.

38.6.5

Chastity and Fidelity

The Lord’s law of chastity is:

• Abstinence from sexual relations outside of a marriage between a man and a woman according to God’s law.

• Fidelity within marriage.

Physical intimacy between husband and wife is intended to be beautiful and sacred. It is ordained of God for the creation of children and for the expression of love between husband and wife.

Only a man and a woman who are legally and lawfully wedded as husband and wife should have sexual relations. In God’s sight, moral cleanliness is very important. Violations of the law of chastity are very serious (see Exodus 20:14; Matthew 5:28; Alma 39:5). Those involved misuse the sacred power God has given to create life.

A Church membership council may be necessary if a member:

• Has sexual relations outside of a marital relationship authorized by God’s law, such as adultery, fornication, and same-sex relations (see 32.6.2).

• Is in a form of marriage or partnership that is not authorized by God’s law, such as cohabitation, civil unions and partnerships, and same-sex marriage.

• Uses pornography intensively or compulsively, causing significant harm to a member’s marriage or family (see 38.6.13).

The decision about whether to hold a membership council in these situations depends on many circumstances. These are outlined in 32.7. For example, violating temple covenants increases the likelihood of a council being necessary to help a person repent. In some cases, personal counseling and informal membership restrictions may be sufficient (see 32.8).

See 32.6.1.2 for when a council is required for sexual sins.

38.6.6

Child Pornography

The Church condemns child pornography in any form. If a bishop or stake president learns that a member is involved with child pornography, he promptly follows the instructions in 38.6.2.1.

A Church membership council and record annotation are required if a member makes, shares, possesses, or repeatedly views pornographic images of children (see 32.6.1.2 and 32.14.5). This guideline generally does not apply to children or youth of approximately the same age who share sexual pictures of themselves or others. Personal counseling and informal membership restrictions may be appropriate in those situations.

For more guidance, see 38.6.13.

38.6.10

Incest

The Church condemns any form of incest. As used here, incest is sexual relations between:

• A parent and a child.

• A grandparent and a grandchild.

• Siblings.

• An uncle or aunt and a niece or nephew.

As used here, child, grandchild, siblings, niece, and nephew include biological, adopted, step, or foster relationships. Incest can occur between two minors, an adult and a minor, or two adults. If a stake president has questions about whether a relationship is incestuous under local laws, he seeks guidance from the Office of the First Presidency.

When a minor is a victim of incest, the bishop or stake president calls the Church’s abuse help line in countries where it is available (see 38.6.2.1). In other countries, the stake president should seek guidance from the area legal counsel at the area office. He is also encouraged to counsel with the Family Services staff or the welfare and self-reliance manager at the area office.

A Church membership council and record annotation are required if a member commits incest (see 32.6.1.2 and 32.14.5). Incest almost always requires the Church to withdraw a person’s membership.

If a minor commits incest, the stake president contacts the Office of the First Presidency for direction.

Victims of incest often suffer serious trauma. Leaders respond with heartfelt compassion and empathy. They provide spiritual support and counseling to help them overcome the destructive effects of incest.

Sometimes victims have feelings of shame or guilt. Victims are not guilty of sin. Leaders help them and their families understand God’s love and the healing that comes through Jesus Christ and His Atonement (see Alma 15:8; 3 Nephi 17:9).

In addition to receiving the inspired help of Church leaders, victims and their families may need professional counseling. For information, see 38.6.18.2.

38.6.13

Pornography

The Church condemns pornography in any form. Pornography use of any kind damages individual lives, families, and society. It also drives away the Spirit of the Lord. Church members should avoid all forms of pornographic material and oppose its production, dissemination, and use.

The Church provides the following resources to help people whose lives are affected by pornography:

• AddressingPornography.ChurchofJesusChrist.org

• AddictionRecovery.ChurchofJesusChrist.org

• Helping Those Who Struggle with Pornography (booklet)

• Let Virtue Garnish Thy Thoughts (booklet)

Stake presidents and bishops also provide support to family members as needed.

Church leaders should realize that use of pornography can be a compulsion or an addiction. In addition to the inspired help of these leaders, some members may need professional counseling. Leaders may contact Family Services for assistance. See 31.2.6 for contact information.

Personal counseling and informal membership restrictions are usually sufficient when helping a person repent of using pornography (see 32.8). Membership councils are not usually held. However, a council may be necessary for intensive and compulsive use of pornography that has caused significant harm to a member’s marriage or family (see 38.6.5). A council is required if a member makes, shares, possesses, or repeatedly views pornographic images of children (see 38.6.6).

38.6.18

Sexual Abuse, Rape, and Other Forms of Sexual Assault

The Church condemns sexual abuse. As used here, sexual abuse is defined as imposing any unwanted sexual activity on another person. Sexual activity with a person who does not or cannot give legal consent is considered sexual abuse. Sexual abuse can also occur with a spouse or in a dating relationship. For information about sexual abuse of a child or youth, see 38.6.2.3.

Sexual abuse covers a broad range of actions, from harassment to rape and other forms of sexual assault. It can occur physically, verbally, and in other ways. For guidance about counseling members who have experienced sexual abuse, rape, or other forms of sexual assault, see 38.6.18.2.

If members suspect or become aware of sexual abuse, they take action to protect victims and others as soon as possible. This includes reporting to civil authorities and alerting the bishop or stake president. If a child has been abused, members should follow the instructions in 38.6.2.

38.6.18.3

Membership Councils

A membership council may be necessary for a person who has sexually assaulted or abused someone. A membership council is required if a member committed rape or is convicted of another form of sexual assault (see 32.6.1.1)

A council must also be held for sexual activity with a vulnerable adult. As used here, a vulnerable adult is a person who, because of physical or mental limitations, either cannot consent to the activity or cannot understand the nature of it.

To address other forms of sexual abuse, leaders seek the Spirit’s guidance about whether personal counseling or a membership council is the most appropriate setting (see 32.6.2.2 and 32.8). In severe cases a council is required. Leaders may counsel with their direct priesthood leader about the setting.

If membership restrictions result from a membership council that is held for a perpetrator of sexual abuse, that person’s membership record is annotated.

For information about counseling in cases of abuse, see 38.6.2.2. For information about counseling victims of sexual assault, see 38.6.18.2.

38.6.23

Transgender Individuals

Transgender individuals face complex challenges. Members and nonmembers who identify as transgender—and their family and friends—should be treated with sensitivity, kindness, compassion, and an abundance of Christlike love. All are welcome to attend sacrament meeting, other Sunday meetings, and social events of the Church (see 38.1.1).

Gender is an essential characteristic of Heavenly Father’s plan of happiness. The intended meaning of gender in the family proclamation is biological sex at birth. Some people experience feelings of incongruence between their biological sex and their gender identity. As a result, they may identify as transgender. The Church does not take a position on the causes of people identifying themselves as transgender.

Most Church participation and some priesthood ordinances are gender neutral. Transgender persons may be baptized and confirmed as outlined in 38.2.3.14. They may also partake of the sacrament and receive priesthood blessings. However, priesthood ordination and temple ordinances are received according to biological sex at birth.

Church leaders counsel against elective medical or surgical intervention for the purpose of attempting to transition to the opposite gender of a person’s biological sex at birth (“sex reassignment”). Leaders advise that taking these actions will be cause for Church membership restrictions.

Leaders also counsel against social transitioning. A social transition includes changing dress or grooming, or changing a name or pronouns, to present oneself as other than his or her biological sex at birth. Leaders advise that those who socially transition will experience some Church membership restrictions for the duration of this transition.

Restrictions include receiving or exercising the priesthood, receiving or using a temple recommend, and receiving some Church callings. Although some privileges of Church membership are restricted, other Church participation is welcomed.

Transgender individuals who do not pursue medical, surgical, or social transition to the opposite gender and are worthy may receive Church callings, temple recommends, and temple ordinances.

Some children, youth, and adults are prescribed hormone therapy by a licensed medical professional to ease gender dysphoria or reduce suicidal thoughts. Before a person begins such therapy, it is important that he or she (and the parents of a minor) understands the potential risks and benefits. If these members are not attempting to transition to the opposite gender and are worthy, they may receive Church callings, temple recommends, and temple ordinances.

If a member decides to change his or her preferred name or pronouns of address, the name preference may be noted in the preferred name field on the membership record. The person may be addressed by the preferred name in the ward.

Circumstances vary greatly from unit to unit and person to person. Members and leaders counsel together and with the Lord. Area Presidencies will help local leaders sensitively address individual situations. Bishops counsel with the stake president. Stake presidents and mission presidents must seek counsel from the Area Presidency (see 32.6.3 and 32.6.3.1).

For further information on understanding and supporting transgender individuals, see “Transgender” on ChurchofJesusChrist.org.

38.8

Administrative Policies

38.8.2

Affinity Fraud

Affinity fraud occurs when a person exploits another’s trust or confidence to defraud him or her. This can happen when both people belong to the same group, such as the Church. It can also happen by abusing a position of friendship or trust, such as a Church calling or family relationship. Affinity fraud is usually for financial gain.

Church members should be honest in their dealings and act with integrity. Affinity fraud is a shameful betrayal of trust and confidence. Its perpetrators may be subject to criminal prosecution. Church members who commit affinity fraud may also face membership restrictions or withdrawal. See 32.6.2.3 and 32.6.1.3 for guidance about membership councils for fraudulent acts.

Members may not state or imply that their business dealings are sponsored by, endorsed by, or represent the Church or its leaders.

38.8.24

Legal Counsel for Church Matters

When legal help is needed for Church matters, leaders should contact Church legal counsel. In the United States and Canada, the stake president contacts the Church’s Office of General Counsel:

• 1-800-453-3860, extension 2-6301

• 1-801-240-6301

Outside the United States and Canada, the stake president contacts the area legal counsel at the area office.

38.8.24.1

Involvement or Documents in Legal Proceedings

Church leaders should not involve themselves in civil or criminal cases for members in their units without first consulting with Church legal counsel. This same policy applies to speaking with or writing to lawyers or court personnel, including through email.

Leaders should speak with Church legal counsel if, in their Church capacities, they:

• Believe they should testify or communicate in a legal matter.

• Are being required by legal process to testify or communicate in a legal matter.

• Are ordered to provide evidence.

• Are asked to provide documents or information voluntarily.

• Are asked to communicate with lawyers or civil authorities about legal proceedings, including sentencing or parole hearings.

However well intentioned, Church leaders sharing information in legal proceedings can be misinterpreted and damaging. Such sharing can be especially harmful to victims and their families. Following the Church’s policy also helps keep the Church from being inappropriately implicated in legal matters.

38.8.24.2

Testimony in Legal Proceedings

Church leaders may not testify on behalf of the Church in any legal proceeding without prior approval from the Office of General Counsel. This policy also applies to sentencing and parole hearings. Church leaders may not provide verbal or written evidence in their leadership capacity without this approval.

Leaders should not suggest or imply that their testimony in a legal proceeding represents the Church’s position.

Leaders should not influence the testimony of a witness in any legal proceeding.

Contact information for Church legal counsel is provided in 38.8.24.