Clergy Breach of Fiduciary Duty Claim Dismissed Under Establishment Clause

In Lowery v. Cook, (UT Ct. App., March 15, 2007), a Utah Court of Appeals held that the Establishment Clause bars a claim for breach of fiduciary duty by a clergyman in connection with an ecclesiastical counseling session. Adjudicating the claim would create excessive entanglement between government and religion.