Missouri Appeals Court Refers Question of Church's Duty of Supervision to State Supreme Court

 In Doe v. First Baptist Church of Pierce City, Missouri, (MO App., Sept. 2, 2023), a Missouri appellate court described plaintiff's claim:

Plaintiff asserts that FBC, a Southern Baptist religious institution, had a duty to supervise the youth ministries program members, including herself, while they were transported on a church van as part of that program, that FBC breached this duty by failing to either have or follow a policy to protect minors from sexual abuse, and that Plaintiff was injured as a result by the actions of a fellow youth ministries program member....

The court said that a prior state Supreme Court opinion, Gibson v Brewer, would call for dismissal of the case, saying in part:

Returning to the negligence claims at issue in Gibson, we must first address the negligent hiring/ordination/retention and negligent failure to supervise claims.  Our high court observed that “[q]uestions of hiring, ordaining, and retaining clergy . . . necessarily involve interpretation of religious doctrine, policy, and administration.”...  “Such excessive entanglement between church and state has the effect of inhibiting religion, in violation of the First Amendment” and “would result in an endorsement of religion, by approving one model for church hiring, ordination, and retention of clergy.”... Similarly ... “[a]djudicating the reasonableness of a church’s supervision of a cleric—what the church ‘should know’—requires inquiry into religious doctrine” and, as with the negligent hiring/ordination/retention claim, “would create an excessive entanglement, inhibit religion, and result in the endorsement of one model of supervision.” 

The court concluded, however:

We would affirm the summary judgment of the circuit court, but due to the general interest and importance of the issues on appeal, we transfer the case to the Supreme Court of Missouri pursuant to Rule 83.02.

Disclosure of Covid Status to Plaintiff's Pastor Did Not Infringe Privacy or Free Exercise Rights

In Fulmore v. City of Englewood, (NJ App., Aug. 30, 2024), a New Jersey appellate court dismissed a suit brought by an employee of the city's Department of Public Works who contended that his rights were violated when, early in the Covid pandemic, the city's health officer disclosed to plaintiff's pastor that plaintiff was supposed to be under quarantine because of exposure to Covid. Plaintiff, who was an associate minister at a Baptist church, had participated in an in-person recording of a religious service without disclosing to other participants that he was supposed to be in quarantine. the court said in part:

Here, plaintiff's claim that Fedorko violated his constitutional right to privacy when he disclosed plaintiff's quarantine status to Pastor Taylor is unavailing.  Fedorko's disclosure to Pastor Taylor occurred on April 10, 2020, in the context of a public health emergency, where COVID-19 "created an immediate and ongoing public health emergency that require[d] swift action to protect not only the City's employees, but the public they [were] hired to serve....

... "Given the scientifically undisputed risk of spreading this deadly virus," defendants' interest in protecting the public health from potential exposure to COVID-19 outweighed plaintiff's privacy interest in his quarantine status....

Rejecting plaintiff's claim that his religious free exercise rights were violated, the court said in part:

Here, even when viewed in the light most favorable to plaintiff, the record is devoid of evidence indicating that Fedorko's disclosure of plaintiff's quarantine status to Pastor Taylor had a "coercive effect" on plaintiff's religious practice....

... At his deposition, plaintiff testified that defendants' actions "changed [his] whole religious belief" and his "whole outlook on church."  He claimed defendants "ruined the relationship" he had had with Pastor Taylor "for the last [twenty-eight] years."...

However, plaintiff acknowledged that since the April 2020 incident, he had not been "barred" from church, nor had he ever received any "texts or messages [from Pastor Taylor] . . . saying [he was not] welcome at the church" or that Pastor Taylor "did[ not] want [plaintiff] to preach there anymore."

Christian Food Ministry Sues to End City's Attempts to Close It Down

 Last week, a Yuma County, Arizona Baptist church filed suit in an Arizona federal district court challenging actions the city of San Luis has taken to close down the church's food distribution ministry which it has operated for 23 years. The complaint (full text) in Gethsemani Baptist Church v. City of San Luis, (D AZ, filed 3/13/2024), says that with the election of a new mayor in 2022, the city ended its prior support for the food ministry and used zoning rules to attempt to end its operations. The city contends that the growth of the church's Food Ministry has changed it sufficiently that it may no longer rely on its prior treatment as a legal non-conforming use. The church alleges that the city's actions violate RLUIPA, the Free Exercise Clause, and Arizona's Free Exercise of Religion Act. First Liberty issued a press release announcing the filling of the lawsuit.

Court Supervision of Church Election Invalidated by Mississippi Supreme Court

In Melton v. Union Hill Missionary Baptist Church, (MS Sup. Ct., Jan. 11, 2024), the Mississippi Supreme Court reversed and vacated a decision of a state Chancery Court in a dispute over whether a church had dismissed its pastor.  After an initial vote to oust the pastor, the pastor continued to preach at the church.  The church filed suit and the chancellor ordered the congregation to hold a second vote at a church meeting at which the chancellor would preside. That meeting voted to retain the pastor. Invalidating the chancellor's order to hold a new meeting, the Supreme Court said in part:

The chancellor’s self appointment to oversee a congregational election outside the courthouse and inside a house of worship is far removed from the judicial function and treads heavily upon Mississippi’s Constitution and the Establishment Clause. Thus, the chancellor’s actions, though undoubtedly well intended, amounted to a constitutional violation, resulting in a blending of church and state. This unusual arrangement was the antithesis of the constitutional doctrine that historically has demanded separation of church and state....

Because the ecclesiastical abstention doctrine applies, this Court reverses and vacates the orders of the Madison County Chancery Court.

Negligence Claims Against Religious Boarding School Barred by Establishment Clause

In Drew v. Householder, (WD MO, Dec. 19, 2023), plaintiff sued Circle of Hope Boarding School, a fundamentalist Baptist school for girls, and its schoolmasters alleging that during the five years she was there she was subjected to sexual, physical and emotional abuse, and received inadequate and unaccredited formal instruction. She also alleged that the schoolmasters took $25,000 plus social security money from her. While allowing plaintiff to move ahead with several claims, the court dismissed, among others, her negligence claims, saying in part:

The Missouri Supreme Court has considered the extent to which judicial decision making may involve analysis of ecclesiastical matters without running afoul of the First Amendment’s establishment and free exercise clauses....

[A]llegations based in Missouri common law of negligence against religious institutions run afoul of the First Amendment, except in limited instances where the negligence allegation does not require interpretation of religious doctrine, policy, or interpretation.... It is plain neither of Plaintiff’s remaining negligence claims—Count Seven’s general negligence and Count Eight’s negligent supervision of students—falls into this narrow exception.... [N]egligent supervision claims against a religious institution violate the First Amendment because they require a court to evaluate “what the church ‘should know.’”... Likewise, general negligence claims against religious institutions violate the First Amendment, as it forces the court to consider how a reasonably prudent religious institution would act, thereby “excessively entangle[ing] itself in religious doctrine, policy, and administration.”...

... [T]his Court likewise finds that dismissal of Plaintiff’s negligence claims in Counts Six, Seven, Eight, and Eleven is appropriate also under the provisions of the Missouri Constitution declaring separation of church and state....

2nd Circuit Remands Free Exercise Claim of Inmate Who Could Not Attend Religious Services

In Wiggins v. Griffin, (2d Cir., Nov. 20, 2023), the U.S. 2nd Circuit Court of Appeals vacated and remanded a New York federal district court's dismissal of a suit against prison officials by a Baptist inmate who contends that his exercise of religion was burdened when there was a delay of over five months in updating the call-out list for Protestant religious services after plaintiff was moved to a new cellblock. Plaintiff was unable to attend religious services until the list was updated. Because one of the 3 judges on the appeals panel died after argument, the case was decided by a 2-judge panel. The court held that it did not need to decide whether plaintiff needed to show a "substantial burden" or just a "burden" on his free exercise rights since there was evidence from which a jury could find a substantial burden and defendants conceded that a substantial burden was present.  In a concurring opinion, Judge Menashi said in part:

In an appropriate case, we should hold that a prisoner alleging a violation of the Free Exercise Clause under § 1983 need only show a burden on sincerely held religious beliefs—not a “substantial” burden that involves showing that the beliefs are “central.” Three decades is too long for federal judges to be telling litigants which of their religious beliefs are “unimportant.”

The court remanded the case for a jury determination of whether defendants had qualified immunity, saying in part:

[A] jury may find that one or more Defendants purposefully ignored or delayed processing Wiggins’s requests, seeking to deny his participation in communal worship, or may have been deliberately indifferent to Wiggins’s requests. In such a scenario, they would have violated Wiggins’s clearly established right....  But, on the other hand, a Defendant may have simply missed Wiggins’s requests or failed to take extra steps to ensure they were processed. If so, qualified immunity may be appropriate.

The court went on to decide the state of mind necessary to show a violation of the 1st Amendment's free exercise clause: 

The First Amendment‘s command that government not “prohibit” the free exercise of religion... “connotes a conscious act, rather than a merely negligent one,”.... Given this understanding of the First Amendment, isolated acts of negligence cannot violate an individual’s free exercise of religion in this context....

Although mere negligence cannot support a First Amendment free exercise claim, we have previously held that deliberate indifference “clearly suffices.”...

With these principles to guide us, we affirm the district court’s dismissal of the claim against [prison Superintendent] Griffin. Wiggins sent Griffin two letters. Although Griffin left one letter unanswered, he quickly acted upon the second. ... [T]his evidence ... establishes (at most) that Griffin acted negligently in response to the first letter. Such a showing is insufficient. Whether the record suffices to permit a finding that any of the remaining [three] defendants were deliberately indifferent poses a closer question. Instead of single acts of negligence, the record contains sufficient evidence to allow a jury to conclude that one or more of the remaining defendants repeatedly failed to redress Wiggins’s exclusion from the call-out list....

European Court Says Russian Regulation of Proselytizing Violated Human Rights Convention

In Ossewaarde v. Russia, (ECHR, March 7, 2023), the European Court of Human Rights held that legal restrictions imposed by Russia in 2016 on religious proselytizing violated the rights of a Baptist pastor who was a U.S. national living in Russia.  The court found violations of Articles 9 (freedom religion) and 14 (prohibition of discrimination) of the European Convention on Human Rights.  The court said in part:

By requiring prior authorisation from a duly constituted religious association and excluding private homes from the list of places where the right to impart information about religion may be exercised, the new regulation has left no room for people in the applicant’s situation who were engaged in individual evangelism. The requirement of prior authorisation also eliminated the possibility of spontaneous religious discussion among members and non-members of one’s religion and burdened religious expression with restrictions greater than those applicable to other types of expression.

...  [S]o long as the new restrictions did not regulate the content of the religious expression or the manner of its delivery, they were not fit to protect society from “hate speech” or to shield vulnerable persons from improper methods of proselytism which ... could have been legitimate aims for the regulation of missionary activities.... [T]he Court finds that the need for such new restrictions, in respect of which the applicant was sanctioned for non-compliance, has not been convincingly established. Accordingly, the interference with the applicant’s right to freedom of religion on account of his missionary activities has not been shown to pursue any “pressing social need”....

While the application of the additional penalty of expulsion exclusively to non-nationals may be objectively justified by the fact that it cannot be applied to nationals, the Court finds no justification for the considerably higher minimum fines applicable to non‑nationals in respect of the same offence. The difference in treatment also appears hard to reconcile with the provisions of Russia’s Religions Act which posits that non-nationals lawfully present in Russia may exercise the right to freedom of religion on the same conditions as Russian nationals.

The court also issued a press release summarizing the decision.

Justice Department Initiates Investigation Of Sex Abuse By Southern Baptist Clergy And Executives

Baptist Press reported yesterday that the Justice Department has informed the Executive Committee of the Southern Baptist Convention that it has initiated an investigation that will involve multiple SBC entities. This comes after an independent investigation (full text of report) of sexual abuse allegations against clergy and Executive Committee members commissioned by SBC. A Release by the SBC Executive Committee (quoted in full in the Baptist Press report) says in part:

Individually and collectively each SBC entity is resolved to fully and completely cooperate with the investigation. While we continue to grieve and lament past mistakes related to sexual abuse, current leaders across the SBC have demonstrated a firm conviction to address those issues of the past and are implementing measures to ensure they are never repeated in the future. 

Report Finds Southern Baptist Convention Mishandled Sexual Abuse Allegations

Yesterday, the report of an independent investigation into the Southern Baptist Convention Executive Committee’s Response to Sexual Abuse Allegations was released. The 288-page report (full text) (Appendix 1 & 2) summarizes its findings in part:

For almost two decades, survivors of abuse and other concerned Southern Baptists have been contacting the Southern Baptist Convention (“SBC”) Executive Committee (“EC”) to report child molesters and other abusers who were in the pulpit or employed as church staff. They made phone calls, mailed letters, sent emails, appeared at SBC and EC meetings, held rallies, and contacted the press…only to be met, time and time again, with resistance, stonewalling, and even outright hostility from some within the EC.

Our investigation revealed that, for many years, a few senior EC leaders, along with outside counsel, largely controlled the EC’s response to these reports of abuse. They closely guarded information about abuse allegations and lawsuits, which were not shared with EC Trustees, and were singularly focused on avoiding liability for the SBC to the exclusion of other considerations. In service of this goal, survivors and others who reported abuse were ignored, disbelieved, or met with the constant refrain that the SBC could take no action due to its polity regarding church autonomy – even if it meant that convicted molesters continued in ministry with no notice or warning to their current church or congregation....

The Report also disclosed:

During the course of our investigation, an SBC pastor and his wife came forward to report that former SBC President Johnny Hunt (2008-2010), who was the immediate past SBC President at the time, had sexually assaulted the wife on July 25, 2010. The allegations include grooming of the wife during Dr. Hunt’s term as SBC President. At the time of the allegations, Dr. Hunt was also Senior Pastor at First Baptist Church, Woodstock, Georgia.

The Report also sets out a series of recommendations to improve SBC's response to sexual abuse and misconduct allegations in the future.

Houston Chronicle has more on the Report.

Report On Role Of Christian Nationalism In January 6 Insurrection Released

Yesterday, the Baptist Joint Committee for Religious Liberty (BJC) and the Freedom From Religion Foundation released a report titled Christian Nationalism and the January 6, 2021 Insurrection (full text).  The Introduction to the Report says in part:

This report describes Christian nationalism and recounts its impact on the day itself as well as in the weeks leading up to the insurrection. Drawing on reporting, videos, statements, and images from the attack and its precursor events, this report contains the most comprehensive account to date of Christian nationalism and its role in the January 6 insurrection.

Christian nationalism is a political ideology and cultural framework that seeks to merge American and Christian identities, distorting both the Christian faith and America’s constitutional democracy. Christian nationalism relies on the mythological founding of the United States as a “Christian nation,” singled out for God’s providence in order to fulfill God’s purposes on earth.

Defamation Suit Filed By Prominent Pastor Against Former Southern Baptist Ethics Commission Head

Suit was filed this week in a Tennessee federal district court by Michael Stone, a prominent Southern Baptist pastor of a congregation in Georgia, against Russell Moore, former head of the Ethics and Religious Liberty Commission (ERLC) of the Southern Baptist Convention. The complaint (full text) in Stone v. Moore, (MD TN, filed 10/18/2021), alleges that soon after Stone, as Chairman of the Executive Committee, began to serve on a task force created to assess whether the actions of ERLC and Moore were negatively affecting the Southern Baptist Convention's fiscal well-being, Moore defamed him in two letters leaked to the news media. According to the complaint:

The First Letter ... contained numerous false allegations against Plaintiff, who was then a prominent candidate for the presidency of the SBC.... [It] indirectly identifies Plaintiff by alleging that “the current chairman of the Executive Committee” and the “Executive Committee... ‘exonerated’ churches, in a spur-of-the-moment meeting, from serious charges of sexual abuse cover-up.”...

[A]dditional statements made by Defendant in the First Letter, including a statement declaring the existence of an SBC “culture where countless children have been torn to shreds, where women have been raped” are demonstrably false.

Stone seeks damages of $750,000 for libel, false light invasion of privacy and intentional infliction of emotional distress. Religion News Service has more background on the case.

Cert. Petition Filed In Ecclesiastical Abstention Case

A petition for certiorari (full text) was filed in the U.S. Supreme Court yesterday in North American Mission Board of the Southern Baptist Convention, Inc. v. McRaney, (cert. filed 2/17/2021). In the case the U.S. 5th Circuit Court of Appeals, by a vote of 9-8, denied en banc review of a panel decision that had refused to invoke the ecclesiastical abstention doctrine in a dispute between the Mission Board and its former executive director. (See prior posting.) First Liberty issued a press release announcing the filing of the petition for review.

Kamala Harris Has Varied Religious Background

 Religion News Service reports on the broad exposure to various religious faiths experienced by Kamala Harris, the presumptive Democratic nominee for vice-president. Her mother was Hindu, but she grew up attending predominately Black churches. She now considers herself a Black Baptist. Her husband Douglas Emhoff is Jewish.

5th Circuit Says Fired Employee's Suit Does Not Necessarily Require Deciding Ecclesiastical Questions

In McRaney v. North American Mission Board of the Southern Baptist Convention, Inc., (5th Cir., July 16, 2020), the U.S. 5th Circuit Court of Appeals reversed the dismissal of a suit by the former executive director of the General Mission Board of the Baptist Convention for Maryland/Delaware ("BCMD").  He alleged that the North American Mission Board ("NAMB") intentionally made false statements about him that led to his termination. He also claimed that NAMB posted his picture at their headquarters to tell people that he was not to be trusted.  The district court relied on the ecclesiastical abstention doctrine to dismiss the case.  The 5th Circuit, reversing, said in part:

In order to resolve McRaney’s claims, the court will need to determine (1) whether NAMB intentionally and maliciously damaged McRaney’s business relationships by falsely claiming that he refused to meet with Ezell,... (2) whether NAMB’s statements about McRaney were false, defamatory, and at least negligently made ...; and (3) whether NAMB intentionally caused McRaney to suffer foreseeable and severe emotional distress by displaying his picture at its headquarters.... At this early stage of the litigation, it is not clear that any of these determinations will require the court to address purely ecclesiastical questions.

Ukrainian Region Bans Baptist Books, Including Gospel of John

In the Luhansk region of Ukraine, pro-Russian rebels have proclaimed the Luhansk People's Republic.  It is not recognized internationally, Forum18 now reports that a government decision on November 26 banned 12 Baptist books as "extremist." The Luhansk Religion Law requires state approval for any church to operate, and prohibits churches not affiliated with the Moscow Orthodox Patriarchate from applying for permission. The newly banned books include the Gospels of John, the Baptist "Songs of Revival", the Baptist magazine "Herald of Truth" and several children's books.  The text of the government decision banning the books has not been published and the government says that it is a "secret document for official use and for limited distribution." The banned Gospels of John are included in the Russian Synodal translation of the Bible.

Defamation Suit Dismissed On Ecclesiastical Abstention Grounds

In McRaney v. North American Mission Board of the Southern Baptist Convention, (ND MS, April 22, 2019), a Mississippi federal district court dismissed on ecclesiastical abstention grounds a defamation suit by a the former executive director of the Baptist Convention of Maryland and Delaware (BCMD).  Plaintiff contended that the North American Mission Board defamed him to BCMD and tortiously interfered with his employment contract.  The court said that resolution of plaintiff's claims would require it to determine whether the Mission Board had a valid religious reason for its actions-- and "That the court cannot do."  Baptist Press reports on the decision.

Baptist College's Attempt To Exit Baptist Convention Control Involves Ecclesiastical Determinations

In Executive Board of the Missouri Baptist Convention v. Missouri Baptist University, (MO App., Feb. 19, 2019), a Missouri state appellate court rejected attempts by Missouri Baptist University and The Baptist Home to amend their Articles of Incorporation to eliminate the Missouri Baptist Convention's right to select members of their boards of trustees and its right to veto amendments to their Articles.  The attempts to extricate themselves from Convention control followed an ideological battle within the Convention that moved it to the right.  In part the court held that certain affirmative defenses raised by the University concern ecclesiastical matters which civil courts cannot decide, saying:

[T]he University alleges that the Convention demanded that it ... refrain from teaching material that contradicted certain ideas which are clearly religious doctrine, such as the belief that the Earth was created in seven days roughly 6,000 years ago, or the belief that every living thing on Earth is descended from animals rescued from a flood on a vessel roughly 4,300 years ago.... The University claims that these demands ... “anticipatorily breached” provisions of a document entitled “A Christian Higher Education: A Statement of Purpose” which states ... that “... Christian education proceeds without fear into whatever knowledge may come.” ... Considering this defense as it currently is presented requires a court to rule – at least implicitly - on the truth of the story of Noah’s ark or Christian beliefs in creationism. We cannot conceive of a judicial inquiry which would impose on ecclesiastical matters more than this, nor can we find fault in the circuit court’s unwillingness to even attempt to find neutral grounds upon which it could rule when the color and content of the University’s allegations are so nakedly religious.

Deacon's Suit Dismissed On Ecclesiastical Abstention Grounds

According to yesterday's News-Gazette, a Champaign, Illinois state trial court has dismissed on ecclesiastical abstention grounds a lawsuit by a former church deacon of the Jericho Missionary Baptist Church.  As described in the news report:

Formerly the chairman of the deacon board that hired Johnson as pastor in 2009, Halcrombe was seeking to fire Johnson some five years later after he and other former church leaders took another look at Johnson's credentials.

Johnson continues to be pastor of the church, but Halcrombe was dismissed as a deacon and removed from his post as registered agent of the church.

Halcrombe's lawsuit set out the details of what became a several-years-long conflict within the church over leadership, membership and money issues, and it sought a judgment to clarify who current church members are, the constitution and bylaws of the church and the authority and employment of Johnson.

Pence Addresses Southern Baptist Convention Annual Meeting

Vice President Mike Pence yesterday delivered a 35-minute address (full text) at the Southern Baptist Convention Annual Meeting in Dallas, Texas.  He said in part:

... 40 years ago this spring, I heard the very message that Southern Baptists speak so faithfully across this nation every day ...that “God so loved the world, that He gave his only begotten Son, that whosoever might believe in Him would not perish, but have everlasting life.”  And I walked the sawdust trail that night in 1978, and gave my life to Jesus Christ, and it’s made all the difference....

So thank you for carrying that timeless message everyday with such faithfulness to the American people.  The truth is, Southern Baptists have always worked to bring about renewal of America, and new beginnings.  And as I stand before you today, I believe that our nation is in the midst of a time of renewal.  And we are in the midst of a new beginning of greatness in America.

CNN reported that some in attendance "were disturbed by the overtly political tone" of much of the rest of Pence's remarks, adding:

many Southern Baptists, particularly people of color and younger members, were put off by the decision to allow Pence a platform at what's supposed to be a nonpolitical event.

Controversial Baptist Pastor To Open Ceremony Dedicating U.S. Embassy In Jerusalem

The Trump Administration has chosen controversial Baptist pastor Robert Jeffress to deliver the opening prayer in today's ceremony marking the move of the U.S. Embassy in Israel from Tel Aviv to Jerusalem. (WFAA News). As reported by Mother Jones, Jeffress, who is a supporter and informal faith adviser to President Trump, has made incendiary statements about non-Christian religions:

Jeffress, who runs the First Baptist Dallas megachurch in Texas, has referred to both Islam and Mormonism as “a heresy from the pit of hell.” He believes Islam, Mormonism, Hinduism, and Buddhism are all cults, and that Catholicism represents the “genius of Satan.” Jews, he believes, are going to hell. “You can’t be saved by being a Jew,” he’s said. Islam, he said, “is a religion that promotes pedophelia, sex with children.”

UPDATE: Here is a video of the full ceremony in Jerusalem.  Pastor Jeffress' invocation is at 17:25 on the video, followed by an invocation by Chabad Rabbi Zalman Wolowik.  The benediction at 1:12:03 on the video was offered by controversial Pastor John Hagee, evangelical founder of Christians United for Israel.