The Clergyman's Hand-book of Law: The Law of Church and Grave

by Charles Martin Scanlan

Chapter XVII. State Courts

209. Decision, Ecclesiastical Matter.—The decision of the highest tribunal of the church on a purely ecclesiastical matter will not be disturbed by civil courts unless it is in open defiance and express violation of the constitution of such body.[374]

210. Right of Property, Civil Rights.—Where there are several church tribunals one above another, when the highest tribunal having jurisdiction of the case has decided a question as to the right of property, a civil court will accept such decision of the church tribunal as conclusive.[375] The courts give way to the usages and regulations of the church so far as they are not inconsistent with the constitution and laws of the State.[376] As far as civil rights are concerned, the [pg 121] statute of limitations may be pleaded even where those rights are founded upon some law or rule of the denomination.[377]

211. Creed, Factions, Property, Management.—The supreme court exercises no ecclesiastical jurisdiction, but accepts what the highest ecclesiastical authority in each church promulgates as the faith and practice of that church, and will not determine for itself what that faith or creed is in order to establish the rights of respective factions in the church to the church property. But a majority of a congregation that secedes from the church and forms a new organization can not claim any of the property.[378] The civil courts will not interfere with church management so far as concerns the spiritual discipline of the members, but where civil rights of property are involved, the courts may determine them.[379] The civil rights of a religious society or its members are within the jurisdiction of the State courts.[380]

212. Trust, Court of Equity.—A conveyance in trust for the use of a church vests the use in the church and it will be protected by a court of equity.[381]

213. Injunction, Closing Church, Paying Money, Disturbances.—A court of equity will issue an injunction against the trustees of a church from wrongfully closing it or keeping it closed even against a small minority.[382] Church property vested in trustees of a religious body is held under trust and a court of equity has jurisdiction to enforce the trust.[383] A court of equity may restrain the trustees of a church from paying money to a duly deposed minister.[384] But a court of equity will not interfere to quell religious disturbances when no question as to property or civil rights is involved. The board of trustees of a church can not remove a priest against the will of the congregation.[385]

214. Suits, Parties.—Where a number of persons have contributed to the erection of a church, it is not necessary for all who contribute to join in an action to restrain a sale of the property for mercantile purposes.[386] Any member of a church not incorporated may come into a court of equity in behalf of himself and others and enforce the execution of a trust in favor of the church.[387] The same rule would apply to a church [pg 123] where any one in authority is violating the law.[388] If several congregations of a diocese are interested in litigation, to hold all the property of the diocese liable for the debt of a parish, each congregation is entitled to be made a party.[389]

215. Complaint.—A complaint that the plaintiffs hold one doctrinal standard and the defendants another is sufficiently definite without explaining the difference between the two.[390]

216. Church Tribunal, Courts.—Courts are reluctant to interfere in the church doctrine or discipline or inquire into the regularity of the proceedings of the church tribunal. When such tribunal has deposed a pastor or expelled a member, it is final. However, in contracts, property rights, and civil rights of a citizen, the courts take jurisdiction. It is no defense to a pastor's expulsion that there is salary due him.[391]

217. Unincorporated Congregation, Actions, Interest.—An unincorporated congregation may be sued on contract in its associate capacity, though no persons are named [pg 124] as trustees or committeeman.[392] In all actions by or against a congregation the civil courts will not permit suits to be brought by complainants who have no interest either legal or equitable in the temporalities of the church.[393] A suit against a society of Shakers consisting of indefinite membership with changing additions, withdrawals, and deaths, whose property is held in common without any individual interest, may properly be brought in equity as the remedy at law would be inadequate.[394]

218. Blasphemy, Sabbath, Lord's Prayer, Bible.—Christianity is a part of the common law of the United States; it is on this ground that blasphemy and violation of the Sabbath are made criminal offenses and that the Lord's Prayer and the Bible are used in the schools.[395]

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