Category: church discipline

ONE LESS RISK FROM GOVERNMENT MONEY

Non-profit organizations that take federal or state funds usually must abide with governmental rules for use of the money, and sometimes other rules as well.  Church schools are the most prone to government intrusion if their funding is in part or in whole from government sources.  However, there are limits to the power of government money to compel submission by churches and denominations.

In Rutland v Nelson, Slip Op., Per Curiam (11th Cir. 2021), the federal appellate court affirmed dismissal of a case by a federal Florida trial court.  The Plaintiff was by church and denominational disciplinary proceedings banned from all church property and from speaking to the denomination’s clergy.  The federal trial court held that the Ecclesiastical Abstention Doctrine of the First Amendment barred judicial intrusion into church disciplinary proceedings and dismissed the case.  On appeal, the Plaintiff argued that because the denomination accepted federal funds, it was subject to judicial review of his complaints discrimination based on “disability, veteran status, and religion.”  The United States Court of Appeals for the 11th Circuit rejected that as a basis for shrinking or terminating First Amendment protection or expanding judicial authority.

At least for now, taking government money is not automatically a key to the church doors.

CHURCH POLICIES AND PROCEDURES AS A BASIS FOR FRAUD CLAIMS

In our report immediately prior to this one, the allegation in the case reported was that breach of the policies of the denomination or church by the church was a tort compensable in damages.  Generally, tort claims are “wrongful acts” that are committed negligently.  Intentional torts are generally those wrongful acts that are intentionally undertaken with the intent to injure, financially or physically, the damaged claimant.

In John Doe v Roman Catholic Diocese of Dallas, Slip Op. (Tex. Civ. App. 2021) the Plaintiff’s claim was that the Defendant committed “fraud by not following its internal policies for responding to sexual abuse after he reported he was sexually abused… .”  The trial court held that the internal policies for responding to sexual abuse were “so integrally related to …dogma that it comprises part of the … religious representations, beliefs and teachings.”  Therefore, the trial court dismissed the claim pursuant to the Ecclesiastical Abstention Doctrine.  The appellate court affirmed the trial court.  The appellate court held that an inquiry into whether the church violated its own policies “necessarily [required a] reach behind the ecclesiastical curtain.”  The appellate court held that an allegation that the church violated its own policy by mishandling its internal investigation of the allegation was such an inquiry.  The appellate court held that the allegation that the church violated its own policy by misinforming congregants of the investigation or its outcome was such a claim.

Internal church governance, its practices and procedures, are often of late the subject of claims.  The damages claimed range from defamation to failure to protect from a sexual predator.  There is no credible doubt that policies, practices and procedures of churches and denominations are driven by or drafted in conformity with religious beliefs.  Therefore, interpretation and compliance by a church or denomination with its policies or procedures will be driven by the same religious beliefs.  Nevertheless, churches and denominations should not consider the ecclesiastical barrier impenetrable.  Mandatory child sexual abuse reporting statutes in most states, for example, may not tolerate contrary church policies and procedures.  In any event, major decisions by leadership that are driven by church policies and procedures, especially those derived from religious beliefs, should be documented and the applicable policy or procedure annotated in the documentation.

REVEALING SIN FROM THE PULPIT

Setting aside for this report the idea that revealing a member’s sin from the pulpit might be insensitive or even cruel, the question presented is whether it is actionable in a lawsuit.  For non-church entities like businesses and government, unless there is a duty to speak, and even if truth was a valid defense, the conduct might still be sufficiently outrageous to constitute a Tort of Outrage claim, in those states that have such claims.

In Hullibarger v Archdiocese of Detroit, Slip Op. (Mich. App. 2021) the Plaintiff’s child committed suicide.  (The opinion does not disclose whether the child was an adult or a minor.)  The family did not disclose this outside of the family and a few close friends.  Somehow, the priest learned of it and at the funeral service revealed it during the homily.  The priest proceeded to “preach about suicide as a grave sin and specifically how it endangered the immortal soul of the plaintiff’s son.”  The Plaintiff complained to the Archbishop but the Archbishop would not grant an audience.  The Plaintiff sued alleging infliction of emotional distress, misrepresentation, invasion of privacy and claims against the church for negligent supervision.  The trial court dismissed the case under the Ecclesiastical Abstention Doctrine.  The appellate court affirmed.

HOSTILE CLOISTER CLAIMS

Federal employment law generally precludes termination or other adverse employment actions based on discrimination.  It also provides a remedy in damages for hostile actions based on the same discrimination.  However, applying these laws to the internal workings of churches not only implicates church management decisions, but even the way some denominations might interpret what constitutes discrimination.  In some church traditions, otherwise lawful and protected sexual choice and conduct is both banned and declared to be sin.  The degree of church discipline imposed to an outsider might appear to be a hostile work environment.

In Demkovich v St Andrew Parish, Slip Op. (7th Cir. 2021), the United States Court of Appeals for the 7th Circuit heard this case for a second time.  In its 2020 opinion, a divided panel of the Court affirmed the district court’s decision to deny dismissal of the hostile work environment claim and reversed the dismissal of the sex discrimination claims.  973 F3d 718 (7th Cir. 2020).  Hearing the case en banc, the 2020 opinion was vacated.  Also, the United States Supreme Court extended its prior holdings barring federal employment law claims against churches by ministers.  Our Lady of Guadalupe School v. Morrissey-Berru, 140 S.Ct. 2049, 2060 (2020) (“Under this rule, courts are bound to stay out of employment disputes involving those holding certain important positions with churches and other religious institutions.”).  The Plaintiff was the music director, choir director and organist.  He was a gay man that announced his intent to “marry his partner while still employed by the church.”  The Plaintiff alleged he suffered from diabetes, metabolic syndrome, and weight issues.  The Plaintiff claimed that all of these events drew negative comments from the parish priest and ultimately employment termination.  The 7th Circuit ordered the trial court to dismiss all claims.

Our original advice about the law in this area remains:  church employers can generally avoid these issues by acting definitely in employment matters.  Hand wringing, “tough love,” and long deliberations invite second-guessing or other allegations.  Fat Shaming in the Cloister, September 5, 2020.  Employees that violate the established moral precepts of the denomination or church generally cannot hold ministry positions.