50-State Religious Freedom Laws Report
A review of state laws and court decisions affecting church leaders.
Polity
Judicial Resolution of Church Disputes
Key point 9-07. The First Amendment allows civil courts to resolve internal church disputes so
Hierarchical Churches—the Compulsory Deference Rule
Key point 7-03.02. Some courts apply the “compulsory deference” rule in resolving disputes over the
Church Property Disputes—Supreme Court Rulings
1. WATSON V. JONES (1871) A study of the law of church property disputes must
Judicial Supervision of Church Elections
Key point 6-12.05. Some courts will supervise church elections to ensure compliance with the procedural
Officers, Directors, and Trustees – Part 2
A Georgia court ruled that it was not barred by the first amendment guaranty of religious freedom from resolving an internal church dispute involving compliance by the church's members with state nonprofit corporation law.
Church Membership – Part 2
A Georgia court ruled that the first amendment severely limits the authority of the civil courts to intervene in internal church disputes, but the general rule does not prevent the courts from deciding the composition of a church’s membership, or the resolution of some church property disputes.
Church Business Meetings
The South Carolina Supreme court ruled that church trustees lacked the authority to remove their pastor.
Constitution, Bylaws and Charters
A Texas court ruled that it could not resolve an internal church dispute on the basis of the church’s constitution and bylaws.
Arbitration of Church Disputes
Court rules that arbitrators' decision is final.