Defamation

An Indiana court concluded that it was barred by the first amendment from resolving a claim by a dismissed pastoral associate that she had been defamed by church officials.

Church Law and Tax2000-05-01

Defamation

Termination

Key point 2-04.1. Most courts have concluded that they are barred by the first amendment guarantees of religious freedom and nonestablishment of religion from resolving challenges by dismissed clergy to the legal validity of their dismissals.

An Indiana court concluded that it was barred by the first amendment from resolving a claim by a dismissed pastoral associate that she had been defamed by church officials. In 1987 a woman (“Linda”) was hired by a church as a pastoral associate and signed an employment contract for a three-year term. In 1990 Linda allegedly executed a second three-year contract with the church that was to run through 1993. In 1992 the church employed a new pastor who met with Linda and gave her the choice of either resigning or being fired. Linda chose to be fired. She claimed that the pastor told her that the reason she was being fired was “that she intimidated him, that they could not get along, and that he did not like working with her.” The church insisted that Linda had been fired for her “expression of unorthodox theological views and conduct offensive to church teachings.”

Linda sued her church for defamation, claiming that the pastor had “unlawfully, untruthfully, and intentionally made misleading and slanderous remarks” about her and had “implied that there was something of a bad and sinister nature” about her, “thereby causing her irreparable harm, injury, and damages and rendering her sick, stressed, and physically debilitated.” Specifically, Linda alleged that after she was fired the pastor stated that she “cannot be trusted with seven-year-old children”; that the reasons for her termination were “personal and confidential”; and that she was “incapable of Christian ministry” and had a “vindictive heart.” She claimed that an official of the diocese further commented, to a newspaper reporter, that Linda did not have a “leg to stand on.” When asked about the specific nature of Linda’s case, the official replied, “What else can I tell you without going into the bad parts? In strict justice, I don’t think we have to pay her a penny.” Linda insisted that the first amendment does not allow church officials to “maliciously set out to destroy a person’s reputation,” while the pastor and diocese claimed that the civil courts are prohibited from delving into the reasons for Linda’s termination because it was “an ecclesiastical concern” that could not be resolved without reference to church teachings and governance. The pastor and diocese also asserted that their allegedly defamatory statements were protected by a “qualified privilege” because they pertained to a matter of “common interest” among church members.

The court agreed with the pastor and diocese, and dismissed Linda’s defamation claim. It concluded:

[W]hen officials of a religious organization state their reasons for terminating a pastoral employee in ostensibly ecclesiastical terms, the first amendment effectively prohibits civil tribunals from reviewing these reasons to determine whether the statements are either defamatory or capable of a religious interpretation related to the employee’s performance of her duties. [Linda] characterizes defendants’ reasons for terminating her employment and their explanations for their subsequent statements as [after the fact] rationalizations, calculated to grant them sanctuary from civil inquiry into the allegedly harmful effects of their words and actions. Regardless of the validity of this assertion, the first amendment prevents this court from scrutinizing the possible interpretations of defendants’ statements and their purported reasons for uttering them; to conclude otherwise would effectively thrust this court into the forbidden role of arbiter of a strictly ecclesiastical dispute over the suitability of a pastoral employee to perform her designated responsibilities.

Application. This case demonstrates the difficulty faced by ministers (and church employees performing ministerial functions) in pursuing legal remedies on account of their dismissal. According to this court, this rule extends to defamation claims as well. Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 714 N.E.2d 253 (Ind. App. 1999).

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.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square