Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Civil Court Review of Clergy Selection Disputes—Limited Exceptions to the General Rule

Volume 1 . Chapter 2 . § 2-01.5
Key point 2-01.5. A minority of courts are willing to review the selection of ministers in limited circumstances so long as they can do so without any inquiry into religious doctrine.

A few courts have been willing to resolve controversies involving the selection of clergy not involving religious discipline, faith, rule, custom, or law. For example, a minister may have been elected at a meeting that was not properly called. Some courts have concluded that there is no legitimate basis, constitutional or otherwise, for a civil court to refrain from resolving such a dispute. The supreme Court has observed that the civil courts need not stay their hand in every case involving a church dispute, since "not every civil court decision jeopardizes values ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


Preventing High-Tech Fraud

Preventing High-Tech Fraud

Prevent embezzlement through electronic funds transfers, identity theft, and computer forgery. 
Best Practices for Receiving Charitable Contributions

Best Practices for Receiving Charitable Contributions

Practical help and clear understanding on issues surrounding charitable contributions.