Sunday, June 25, 2023

Ecclesiastical Abstention Doctrine Bars Court From Interpreting Foundation's Bylaws

In Foundation for the Advancement of Catholic Schools, Inc. v. The Most Reverend Leonard P. Blair, (CT Super, June 15, 2023), a Connecticut trial court held that "the constitutional bar on court jurisdiction over religious matters" required it to dismiss a suit over interpretation of the bylaws of an organization that provides scholarships for students attending Catholic schools in the Archdiocese of Hartford. At issue was whether the Archbishop could appoint Board of Trustee members other than those recommended by the Governance Committee. The court said in part:

Notwithstanding its formal status as a nonstock corporation, the court finds that FACS is a religious organization with ecclesiastical doctrine and practices. While FACS may be akin to a mutual fund in how it accepts contributions, diversifies assets, and distributes money, the mission and character of the organization is wholly marked by "clear and obvious religious characteristics."...

[T]he court cannot neutrally apply principles of corporate bylaw interpretation without intruding upon the archbishop's religious decision-making authority. Instead, the court is being asked to entangle the Superior Court of the State of Connecticut into matters of religious doctrine, religious practices and church polity.