Wooten v. Crayton, (Mass. App., April 24, 2006) involved a dispute between two factions of a congregational church over congregational votes to disaffiliate with the United Church of Christ, to authorize the building of a new church, and to affiliate with the American Baptist Church Conference. A Massachusetts appellate court held that the trial court should not have completely dismissed the case on church autonomy grounds. Instead "in recognition that there is a secular interest in facilitating a peaceful solution", the court concluded that it could enforce the decision of the body that had authority to govern the church. Finding that the church by-laws called for governance by the church membership, the appellate court held that the membership votes should be enforced.
In a recently available decision in Passmore v. Sixth Judicial District, 2005 Mont. LEXIS 705(Mont. Sup. Ct., Nov. 16, 2005), the Montana Supreme Court refused to intervene to stop a trial court from proceeding in a case against a church alleging negligence in hiring, retaining and supervising the church's pastor. Petitioners had claimed that the trial court's proceedings would impinge on the church's teaching of religion or free exercise of religion.
