Pastor, Church & Law

Civil Court Review of Clergy Termination Disputes—”Exhaustion” of Ecclesiastical Remedies

§ 02.04.03

The courts consistently have held that ministers who fail to “exhaust” their appeals within an ecclesiastical hierarchy are forbidden to seek redress in the civil courts.84 See, e.g., First Baptist Church v. State of Ohio, 591 F. Supp. 676 (S.D. Ohio 1983); Hickman v. Owens, 322 F. Supp. 1278 (D. Ga. 1971); United Pentecostal Church v. Morrison, 527 P.2d 1169 (Colo. App. 1974); Rodyk v. Ukrainian Autocephalic Orthodox Church, 328 N.Y.S.2d 685 (1972). This means that the courts will refuse to hear controversies involving the dismissal of a minister if the minister failed to pursue the remedies available within his or her church or denomination.

This rule has been recognized by the United States Supreme Court: “In short, the First [Amendment] permits hierarchical religious organizations to establish their own rules and regulations for internal discipline and government, and to create tribunals for adjudicating disputes over these matters. When this choice is exercised and ecclesiastical tribunals are created to decide disputes over the government and direction of subordinate bodies, the Constitution requires that civil courts accept their decisions as binding upon them.”85 Serbian Eastern Orthodox Diocese v. Milivojevich, 423 U.S. 696 (1976).

Case study. A New York court has observed: “It should first be noted that the Presbyterian Church of the United States has established a procedure by which any minister who believes that he or she has been injured by rumor or gossip may initiate an action called a ‘vindication’”. Once initiated, the presbytery must appoint a committee to investigate and report its findings. [The United States Supreme Court has ruled] that the First Amendment permits hierarchical religious organizations to establish their own rules and regulations for internal discipline and government, and to create tribunals for adjudicating disputes over these matters. In this regard, the Supreme Court stated that “when this choice is exercised and ecclesiastical tribunals are created to decide disputes over the government and direction of subordinate bodies, the Constitution requires that civil courts accept their decisions as binding upon them.” 86 Jackson v. Presbytery of Susquehanna, 686 N.Y.S.2d 273 (Sup. Ct. 1999). See also Jay v. Christian Methodist Episcopal Church, 531 S.E.2d 369 (Ga. App. 2000).

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