Internal Church Disputes

The courts will not resolve disputes regarding a church’s spiritual or ecclesiastical affairs.

Church Law & Tax Report

Internal Church Disputes

The courts will not resolve disputes regarding a church’s spiritual or ecclesiastical affairs.

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.

* An Alabama court rejected a request by church members to compel a church board to call a general membership meeting for the purpose of taking a vote of confidence on the pastor. Several church members began expressing dissatisfaction with their senior pastor’s effectiveness. Many concerns were shared with members of the church board. The board investigated the complaints, counseled with the pastor about the concerns, and formulated plans to resolve the matter. The board then held a meeting at which it passed a vote of confidence in the pastor. Some of the members of the church were unhappy with the board’s decision and filed a lawsuit seeking a court order compelling the board to call a meeting of the members to allow the church to consider the retention of the pastor. A trial court granted the requested relief, and ordered a membership meeting on a specified date. The pastor and board appealed, arguing that the dispute was ecclesiastical in nature and not within the jurisdiction of a civil court. The dissenting members insisted that the dispute arose from differing constructions of the church’s articles of incorporation and bylaws and not from an ecclesiastical dispute.

A state appeals court began its opinion by observing that “the courts will not assume jurisdiction, in fact has none, to resolve disputes regarding [a church’s] spiritual or ecclesiastical affairs. However, there is jurisdiction to resolve questions of civil or property rights.” The court concluded: “The board’s decision not to call a meeting to discuss the issues [the dissenting members] seek to raise because the board did not think that the spiritual health of the church would be advanced by such a meeting is an ecclesiastical decision of the church government and cannot be overridden by a civil court. In other words, the trial court did not have jurisdiction to entertain this lawsuit insofar as it requested that the board be compelled to call a general membership meeting. Accordingly, this appeal from the trial court’s order requiring that a general meeting be called to deal with the dissident members’ grievance is dismissed.” McGlathery v. Richardson, 2006 WL 1529701 (Ala. App. 2006).

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