Thursday, December 23, 2010

No Federal Jurisdiction Over Claim Against Church Alleging Homosexual Activities

In Hayes v. Wooten, 2010 U.S. Dist. LEXIS 134569 (ED NC, Dec. 14, 2010), a North Carolina federal district court dismissed a federal lawsuit against Elevation Baptist Church and several of its leaders by a pro se plaintiff who alleged various claims growing out of his attendance at a group discussion at which he claims homosexual approaches were made to him and his attendance with his son at a church event called "Boys to Men" which he claims turned out to have a "very homosexual character in nature and spirit." The court found no federal jurisdiction over the claims-- many of which were claims under state law. No diversity of citizenship existed; no facts were plead to support plaintiff's Title VII claim; and insofar as a First Amendment "conspiracy to violate religious expression" claim was alleged, no state action was involved.