Jump directly to the content

Ecclesiastical Abstention Doctrine Bars Court from Intervention in Dispute over Church Bylaw Compliance

Texas
State:
Key point 2-01.4. The selection of a minister is an ecclesiastical decision that the civil courts ordinarily will not review—even when it is alleged that a church failed to follow its own internal procedures in the selection of a minister, or the selection process was discriminatory.
Key point 6-10.1. According to the majority view, the civil courts will not resolve disputes challenging a church's discipline of a member since the First Amendment guaranty of religious freedom prevents them from deciding who are members in good standing of a church.
Key point 9-07. The First Amendment allows civil courts to resolve internal church disputes so long as they can do so without interpreting doctrine or polity.

A Texas court ruled that the "ecclesiastical abstention" doctrine prevented it from resolving an internal church dispute regarding a church's compliance with its bylaws in selecting a ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
Posted:
  • August 22, 2017

Related ResourcesVisit Store

2021 Church & Clergy Tax Guide (Book)
2021 Church & Clergy Tax Guide (Book)
The most comprehensive and authoritative tax guide available.
50-State Public Accommodations Laws Report
50-State Public Accommodations Laws Report
How statutes and court decisions across the country do - or don't affect churches
Your Complete Guide to Virtual Church Meetings
Your Complete Guide to Virtual Church Meetings
A toolkit for legal and compliant business meetings
Pastor, Church & Law, Fifth Edition
Pastor, Church & Law, Fifth Edition
Learn which local, state, and federal laws apply to religious organizations.