Pastor, Church & Law
Preconditions to Civil Court Review
Key point 6-10.3. The civil courts will not resolve a dispute contesting the discipline of a church member if the member failed to "exhaust" remedies available under the church's own governing documents.
The courts will not review church membership expulsions unless the expelled members have exhausted all available procedures within their church for obtaining review of their expulsion. To illustrate, one court refused to resolve a lawsuit brought by a dismissed church member challenging his dismissal since he had not pursued all of the remedies provided by his local church and a parent denomination for the review of such actions.409
• The Alabama Supreme Court ruled that it could not review a dismissed church member's claim that his ...
Copyright © 2008 by Christianity Today. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the publisher, except by a reviewer who may quote brief passages in a review.
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.