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Tuesday, September 04, 2007
Baptist Church Dispute Dismissed Under Ecclesiastical Abstention Doctrine
Anderson v. Matthews, 2007 Tex. App. LEXIS 7081 (14th TX Ct. App., Aug. 30, 2007), involved a dispute between various members of Houston's Missionary Baptist Church. A Texas state appellate court affirmed the dismissal of the case on the basis of the ecclesiastical abstention doctrine. It held: Although stated in terms of contract and tort claims, failure to abide by church bylaws, and various other legal 'emblemata,' the gravamen of the Members' complaint involves their dissatisfaction with Matthews's performance as pastor of New Birth and their desire to remove him from the pulpit, which is an ecclesiastical matter."