Texas Supreme Court Rejects Professional Negligence Suit Against Pastor

In Westbrook v. Penley, (TX Sup. Ct., June 29, 2007), the Texas Supreme Court held that it "would unconstitutionally entangle the court in matters of church governance and impinge on the core religious function of church discipline" if it were to take jurisdiction over a suit in which a congregant charged her pastor with improperly disclosing confidential information received during a secular counselling session to church elders. Pastor "Buddy" Westbrook, Jr. and church elders then sent a letter to congregants telling them that they should "break fellowship" with Peggy Lee Penley because she intended to divorce her husband without any Biblical basis for the divorce and she had a "biblically inappropriate" relationship with another man. The court concluded that "the secular confidentiality interest Penley's professional-negligence claim advances fails to override the strong constitutional presumption that favors preserving the church's interest in managing its affairs." It explained that imposing civil liability on the pastor for professional negligence "would in effect impose a fine for his decision to follow the religious disciplinary procedures that his role as pastor required...."