Sunday, March 19, 2006

Church Member's Suit Dismissed As Ecclesiastical Matter

In Wolter v. Delgatto, (TX App-14, March 16, 2006), a Texas state court of appeals held that under the First Amendment, state courts lacked jurisdiction over a suit by a former church member challenging Heights Presbyterian Church's involvement in a low-income senior housing project. The court held that ultimately the suit was over how and when, under the Presbyterian Book of Order, the church may spend its resources, and that question is ecclesiastical in nature.