Jump directly to the Content

Pastor, Church & LawMember access only

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

Effect of Procedural Irregularities

§ 6.12.04
Key point 6-12.04. Most courts refuse to intervene in church disputes concerning the validity of a membership meeting that was not conducted in accordance with the procedural requirements specified in the church's governing documents. However, some courts are willing to intervene in such disputes if they can do so without inquiring into religious doctrine or polity.

As noted in the previous section, many courts have been willing to resolve challenges to the legality of actions taken by a church during a membership meeting that was conducted in violation of procedural requirements (i.e., notice, quorum, or voting) specified in the church's governing documents, so long as no interpretation of church doctrine is required.[400] Third Missionary Baptist Church v. Garrett, 158 N.W.2d 771 (Iowa 1968); Hollins v. Edmonds, 616 S.W.2d 801 (Ky. 1981); Bangor Spiritualist Church, Inc. v. Littlefield, ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Table of Contents

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.