Showing posts with label Ecclesiastical abstention. Show all posts
Showing posts with label Ecclesiastical abstention. Show all posts

Monday, February 26, 2024

Civil Conspiracy Claims Against Religious Organization Survive 1st Amendment Defenses

In re Gothard, (TX App., Feb. 22, 2024), is a mandamus action that is essentially an appeal of a trial court's refusal to dismiss civil conspiracy claims against Institute in Basic Life Principles and its founder, William Gothard. Plaintiffs claimed that ILBP is a cult that "teachers distorted and heretical Christian doctrines" that led to their sexual abuse by their father and brother. The Texas state appellate court rejected Relators', i.e. defendants', First Amendment defenses, saying in part:

Gothard maintains that religious teachings and the publication thereof are constitutionally protected.  IBLP contends the ecclesiastical abstention doctrine bars RPIs’ cause of action. It argues that the “alleged religiously motivated conduct of IBLP is the advocacy and publication of religious beliefs.”  According to Relators, if RPIs’ claim is considered valid, any religious leader who speaks on religious topics and publishes his beliefs could be subject to a civil cause of action if a listener or reader improperly applies those beliefs in sexually abusing another person or committing some other unlawful act. ...

But the First Amendment does not bar all claims against religious bodies.,,,  A court may exercise jurisdiction over a controversy if it can apply neutral principles of law that will not require inquiry into religious doctrine, interference with the free-exercise rights of believers, or meddling in church government....

The relevant question is whether it appears certain that resolution of [plaintiffs']’ claims will require the trial court to address purely ecclesiastical questions.... IBLP represents that its teachings and materials are based on scriptures from the Bible, none of which “advocate sexual abuse or any other form of sexual immorality.”  Accordingly, by its own admission, IBLP’s teachings and materials do not advocate sexual abuse and consequently, the intentional tort of sexual assault that underlies the civil conspiracy claim is not rooted in religious belief.  ....

Because sexual assault is not part of Relators’ belief system, we cannot definitively say, based on the record before us, that this is a situation in which religious beliefs are so intertwined with a tort claim so as to unconstitutionally burden Relators’ rights and embroil the court in an assessment of those religious beliefs.

Sunday, January 14, 2024

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.

Friday, November 10, 2023

Pastor's Breach of Contract Suit Dismissed on Ecclesiastical Abstention Grounds

In Craver v. Faith Lutheran Church, (TX App., Nov. 8, 2023), a Texas state appeals court held that the ecclesiastical abstention doctrine requires dismissal of a pastor's suit for breach of contract and fraudulent inducement brought against the church that was his former employer. After the church's executive board received complaints against the pastor, the church entered a severance agreement with the pastor. The pastor contends that the agreement included an assurance that the allegations against him would not be spread throughout the congregation. The court said in part:

Craver argues his case presents a “run-of-the mill” civil dispute, which can be resolved by application of neutral principles of law and without reference to religious matters. He contends: “While Faith Lutheran’s decision to terminate [him] is generally unreviewable, [his] claims have nothing to do with that and are instead about Faith Lutheran’s obligations under a secular, civil contract not to make certain statements.”

We disagree that church matters can be so cleanly and completely severed. Instead, the substance and nature of Craver’s fraudulent inducement and breach of contract claims are “inextricably intertwined” with matters of Faith Lutheran’s church governance.... [B]oth claims rely on circumstances surrounding contract formation and it is those circumstances which implicate the ecclesiastical abstention doctrine...

[W]e cannot untwine recommendations Church executives made in the course of church governance from the allegedly fraudulent representations that form the basis of Craver’s lawsuit.

Wednesday, August 30, 2023

Ecclesiastical Abstention Doctrine Does Not Apply to Church's Fraud Claims Against Former Pastor

 In New Bethel Baptist Church v. Taylor, (TX App., Aug. 29, 2023), a Texas state appellate court held that the ecclesiastical abstention doctrine does not prevent civil courts from adjudicating fraud, breach of fiduciary duty and conversion claims against its former pastor who also served as the general contractor on a church construction project.  Plaintiff claims that the pastor withdrew $300,000 from the church's bank account without authorization. The court concluded that the claims can be resolved using neutral principles of law. the court said in part:

... [T]he resolution of these causes of action does not depend on the interpretation of New Bethel’s bylaws and constitutions or other relevant provisions of governing documents. Indeed, this is an example of a civil law controversy in which a church official happens to be involved....

However, the court affirmed the dismissal of the suit because the attorney did not carry her burden of proof that she was authorized to represent the church. The court said in part:

... [R]egardless of how it is named or classified in the underlying suit, it is undisputed that there is only one church. Within this one church, there are two competing factions claiming control, i.e., the board of deacons and directors. With two competing factions claiming control of the church, attorney Robinson, as the challenged attorney, was either authorized to represent both entities, or she was not. In granting Taylor’s rule 12 motion to show authority, the trial court concluded that attorney Robinson failed to discharge her burden of proof to show her authority to act and nothing more.

Friday, August 11, 2023

Expelled Church Members' Claims Barred by Statute of Limitations

In Boyett v. First Baptist Church of Bossier, (LA App., Aug. 9,2023), a Louisiana state appellate court in a 2-1 decision affirmed the trial court's holding that Louisiana's statute of limitations (called "prescription" in Louisiana law) barred a suit by members who had been expelled from the church.  Plaintiffs claimed that the Articles under which they were expelled had been improperly adopted.  Judge Hunter dissenting argued that the majority applied the wrong statute of limitations, so that the trial court should reach the merits of the case using the "neutral principles of law" approach.  He contended that the ecclesiastical abstention doctrine did not require dismissal of the case, and that the court should reverse the trial court's dismissal and remand the case for the taking of additional evidence.

Tuesday, August 08, 2023

9th Circuit: Fraud Claim Against LDS Church By Prominent Donor May Move Ahead

In Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, (9th Cir., Aug. 7, 2023), the U.S. 9th Circuit Court of Appeals, in a 2-1 decision, reversed a California federal district court's dismissal of a fraud claim brought against the LDS Church by James Huntsman, a prominent former member who had contributed over $2.6 million in tithes to the Church. The court described Huntsman's claim:

Huntsman alleged that the Church represented that tithing money was not used to finance commercial projects, but that, in fact, the Church used tithing money to finance a shopping mall development and to bail out a troubled for-profit life insurance company owned by the Church.

The court rejected the Church's claim that the suit was barred by the ecclesiastical abstention doctrine, saying in part:

In the case before us, we are not required to rely on or interpret the Church’s religious teachings to determine if it misrepresented how it was using tithing funds. Nor are we required to examine Huntsman’s religious beliefs about the appropriate use of church money. 

Instead, as presented to us, the questions are secular. The questions are whether the Church’s statements about how it would use tithing funds were true, and whether Huntsman reasonably relied on those statements when he made tithing contributions. A court or jury can answer these questions based on secular evidence and analysis.....

The majority then concluded that the district court had erred in granting summary judgment to the Church, saying in part:
The question before the district court, and before us, is whether a reasonable juror could conclude that the five statements by church officials and in church publications amounted to fraudulent misrepresentation by the Church.... Huntsman contends that a reasonable juror could conclude from the five statements that the Church fraudulently misrepresented that neither tithing principal nor earnings on tithing principal were being or would be used to finance the City Creek Mall project. We agree.

Judge Korman dissented in part, agreeing with the district court that no reasonable juror could find that the Church had misrepresented the source of funding for the mall project.

Friday, August 04, 2023

Ecclesiastical Abstention Doctrine Bars Court from Deciding Dispute Over Parish Funds

 In Salado v. Roman Catholic Diocese of El Paso, (TX App, Aug. 2, 2023), a Texas state appellate court held that the ecclesiastical abstention doctrine prevents the court from deciding whether funds raised by parishioners to build a new church building had been wrongfully misappropriated by the diocese. Parishioners had raised some $1.4 million, but the bishop decided that a new church should not be built and instead merged the parish with another one and transferred the funds to the new merged parish. The court said in part:

To resolve the dispute of whether the funds raised by the Parishioners on behalf of Sant Jose Parish were misappropriated when they transferred to the new Saint John Paul II Parish would require this Court to interpret Cannon Law and policies of the Roman Catholic Church regarding the rights and authority of bishops regarding the patrimony of a parish. Churches have a fundamental right “to decide for themselves, free from state interference, matters of church government[.]”

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.

Friday, April 21, 2023

Suit By Florida Breakaway Methodist Churches Is Dismissed

In Grace United Methodist Church Inc. v. Board of Trustees of FL Annual Conf of UMC Inc., (FL Cir. Ct., April 18, 2023). a Florida state trial court dismissed a suit by 71 Methodist congregations throughout Florida which seek to break away from their parent body because of their objections to United Methodist Church allowing bishops and clergy to officiate at same-sex weddings and to be openly gay. The congregations want to reaffiliate with the more conservative Global Methodist Church. Current UMC rules impose substantial financial costs on congregations seeking to disaffiliate. The court concluded that, under Florida precedent, it must defer to decisions of church hierarchical bodies. It also concluded that actions to determine title to property must be brought in local courts covering the jurisdiction in which the property is located. The court added:

[C]onsidering the recent clarifications from the Supreme Court of the United States on matters of discrimination and unequal treatment based on religious status, along with the abrogation of Lemon v. Kurtzman ... it seems to the Court that merely deferring to the UMC on all matters and denying the Plaintiffs access to the courts to litigate neutral property and trust matters does not meet the strictest scrutiny. Nevertheless, the Court is bound to follow the law as established by the higher courts in the State of Florida.

UM News reports on the decision.

Tuesday, April 11, 2023

185 Methodist Churches in Georgia Sue Parent Body Seeking Disaffiliation

 At the end of last month, 185 Methodist congregations in Georgia filed suit in a Georgia state trial court against their parent body and its officials.  The congregations are attempting to disaffiliate from the North Georgia Conference of the United Methodist Church pursuant to a provision (❡2553) added to the Church's Book of Discipline in 2019.  The provision, which applies to disaffiliations completed by the end of 2023, allows disaffiliating congregations to keep their real and personal property.  The complaint (full text) in Carrollton First United Methodist Church, Inc. v. Trustees of the North Georgia Conference of the United Methodist Church, Inc., (GA Superior Ct., filed 3/30/2023), alleges in part that: 

Defendants have conspired to "run out the clock" on Plaintiffs ability to utilize ❡2553 by a combination of ultra vires actions, fraudulent misrepresentations, and promises which they have failed to keep so that, unless this court intervenes, Plaintiffs cannot and indeed will not be allowed to fulfill the legislated requirements of ❡2553 in time to meet the sunset date of 12/31/23.

The complaint also alleges that the parent body is no longer allowing disaffiliating churches a credit for their share of a $23 million pension plan reserve fund.

In introductory paragraphs, the complaint contends:

This case can be resolved in accordance with secular Georgia law ... without interfering with the separation of church and state.... Defendants cannot be heard to contest this point, as Defendants have availed themselves of the same principles recently in a substantially similar context in this very court....

UM News, reporting on the lawsuit, says in part:

The lawsuit ... involves more than a quarter of the North Georgia Conference’s nearly 700 congregations. 

It’s also the most congregations that have banded together in a single lawsuit since the denomination began undergoing a slow-motion separation after decades of intensifying debate over LGBTQ inclusion.

Tuesday, October 04, 2022

Pastor's Defamation Suit Dismissed On Ecclesiastical Abstention Grounds

In Weems v. Celebration Church of Jacksonville, Inc., (FL Cir. Ct., Sept. 28, 2022), a Florida state trial court dismissed on ecclesiastical abstention grounds a defamation lawsuit by the former pastor of Celebration Church. At issue is a report growing out of an internal investigation of the pastor commissioned by church trustees.

Plaintiffs’ current pleading invites this Court’s entanglement into Celebration Church’s internal matters....

In order to determine whether Celebration Church defamed Pastor Weems as currently alleged, this Court would need look to the time Pastor Weems was employed by the Church to see whether he did or did not partake in the actions as alleged by the Church and whether those actions were forbidden by the Church's bylaws and other internal policies.

Florida Times-Union reports on the decision.

Tuesday, September 27, 2022

Messianic Jewish Missionaries May Proceed With Their Defamation Suit

In One for Israel v. Reuven,(SD FL, Sept. 26, 2022), a Florida federal district court in a defamation case held that Messianic Jewish missionaries are not necessarily "limited public figures" who must prove "actual malice" to succeed in a defamation suit. Refusing to dismiss the suit, the court held that the theological conflict between Judaism and Christian missionaries is not a public controversy. At issue in the case was a YouTube video in which defendant, an Orthodox Jewish rabbi, claimed that the missionaries beat up another rabbi at a meeting with an individual who was considering converting to Messianic Judaism. The court also rejected the claim that the ecclesiastical abstention doctrine requires dismissal of the suit. The court said in part:

The statements said in the video have nothing to do with religion; they were about a violent attack that did not happen. These issues have nothing to do with religious doctrine or conflict.

Volokh Conspiracy has more on the decision.

Thursday, September 08, 2022

Ecclesiastical Abstention Doctrine Does Not Bar Suit Over Compliance With Non-Profit Corporation Law

 In Auguste v. Hyacinthe, (FL App., Sept. 7, 2022), a Florida state appellate court held that the ecclesiastical abstention doctrine does not bar the court's deciding whether defendants violated provisions of the Florida Not For Profit Corporation Act.  After the founding pastor of a Baptist church died, the congregation split into two factions.  Plaintiffs allege that after defendant was removed as a director, he continued to purport to act on behalf of the church by filing annual reports with the state, falsely listing members of his faction as officers and falsely removing others. Plaintiffs allege that he also, without proper notice, held a secret meeting with some church members and executed a false resolution claiming that other of the directors were expelled. The court said in part:

Count I alleged that Hyacinthe violated section 617.0808, Florida Statutes (2018), regarding removal of directors. Count II alleged that Tibois violated the same statute. Count III alleged that Appellees violated chapter 617 in holding secret meetings....

Appellants’ counts I-III did not raise claims that would necessarily require the trial court to decide which faction of the Church has control or seek resolution of questions regarding the Church’s governance. Instead, we conclude counts I-III raise issues of the propriety of actions of the board of trustees, board of directors, or corporate officials of a corporation under chapter 617, Florida Statutes....

Conversely, we determine that the trial court did not err in dismissing Appellants’ count IV – raising a cause of action for conversion against Appellees.... Appellants’ count IV would necessarily require the trial court to determine which faction controlled the Church....

Saturday, August 20, 2022

Some Of Fired Pastor's Claims Can Move Ahead

In Nation Ford Baptist Church Inc. v. Davis, (NC Sup.Ct., Aug. 19, 2020), the North Carolina Supreme Court allowed a Pastor to move ahead with a portion of his claims challenging his firing, saying in part:

Which set of corporate bylaws were in effect at the relevant time, whether the Church and Board followed the procedures set forth in the bylaws, and whether there was a contract of employment between Pastor Davis and the Church that was breached are factual and legal questions that are appropriately answered by reference to neutral principles of corporate, employment, and contract law....

Nonetheless, other claims raise questions that cannot be answered without considering spiritual matters. These claims must be dismissed for lack of subject matter jurisdiction....

[I]n all other respects the first claim for relief goes too far, particularly in the remedy sought, because the court can neither declare Pastor Davis the spiritual leader of the Church nor require that he be allowed to conduct services. Addressing this controversy would entangle the court in religious matters such as whether Pastor Davis adequately performed his duties as a pastor as that role is understood in accordance with the Church’s faith and religious traditions.

[Thanks to Will Esser via Religionlaw for the lead.]

Friday, July 29, 2022

Interlocutory Appeal Available On Charitable Immunity Ruling, But Not On Church Autonomy Holding

In Doe v. Roman Catholic Bishop of Springfield, (MA Sup. Jud. Ct., July 28, 2022), the Massachusetts Supreme Judicial Court held that an defendant cannot not take an interlocutory appeal from the trial court's refusal to dismiss portions of a lawsuit on church autonomy grounds. The suit alleged that plaintiff, in the 1960's when he served as an altar boy, was sexually abused by multiple church officials including a parish priest, a pastor and the bishop. The court said in part:

The [ecclesiastical abstention] rule's central purpose is to address the historic, philosophical concern with government interference in religious affairs by maintaining the constitutional separation between religion and government; at least originally, another purpose was to prevent civil courts from addressing matters in which they lack competence.... 

Both these concerns can be addressed on appeal after final judgment if a lower court inadvertently rules on a religious issue.

The court held, however, that an interlocutory appeal is available from the trial court's ruling on charitable immunity, saying in part:

Unlike ecclesiastical abstention, then, the purpose of common-law charitable immunity was to protect certain parties "from the burden of litigation and trial." 

 At common law, charitable immunity extended only to wrongdoing "committed in the course of activities carried on to accomplish charitable activities." ... The abuse allegedly carried out by Weldon and other church leaders was not, and could not be, related in any way to a charitable mission....

However, one count should have been dismissed.... Count six alleges that the Roman Catholic Bishop of Springfield negligently hired and supervised the church leaders who allegedly assaulted the plaintiff. A negligent supervision claim is exactly the sort of allegation against which common-law charitable immunity was meant to protect.

Saturday, July 23, 2022

Ecclesiastical Abstention Doctrine Deprives Civil Court Of Jurisdiction Over Seventh-Day Adventist Church Dispute

In In re Texas Conference of Seventh-Day Adventists, (TX App, July 21, 2022), a Texas state appellate court held that the eccleisastical abstention doctrine deprives the trial court of jurisdiction over a dispute between the Fort Worth Northwest Seventh-Day Adventist Church and the Conference, its hierarchical parent body. At issue was control over the Church's funds and property. The court said in part:

The Northwest Church’s suit asks civil courts to resolve its dispute with the Conference based on its rights under the Church Manual. This is precisely the type of civil court inquiry that the First Amendment prohibits....

The Northwest Church’s case is not one in which it has separated from its hierarchical organization and in which it and the hierarchical organization dispute who owns what.... Rather, this is a dispute over who has the authority to make decisions on behalf of the Northwest Church....

Admittedly, under the Church Manual, the local church funds appear to belong to the “local church”.... Nevertheless, the dispute is over whether the Northwest Church is the “local church,” as contemplated by the Church Manual, when the Conference has not recognized the newly elected governing board.

Whether the Conference acted in a manner consistent with the Church Manual is an internal matter for the Northwest Church and the Seventh-Day Adventist hierarchy to resolve.... The Northwest Church’s claims are inextricably intertwined with matters of doctrine or church governance....

Wednesday, July 06, 2022

Break-Away Faction In Church of God Not Entitled To Property Ownership

In Blue v. Church of God Sanctified, Inc., (TN App., June 27, 2022), a Tennessee state appellate court held that in a property dispute between a break-away faction of a local Church of God and the National Body (as well as a faction loyal to the National Body, labeled the Mother Church), the National Body and its local adherents own church property.  The court said in part:

 We agree with the trial court’s determination that as a matter of ecclesiastical government, the procedure for separation of an affiliated member church from a hierarchical church organization is an issue over which civil courts do not have subject matter jurisdiction.... The trial court did not err in declining to exercise subject matter jurisdiction over Local Church’s initial request for a judgment declaring it to be a separate entity from the National Body....

The court went on to apply the "hybrid neutral principles" approach to affirm the trial court's conclusion that the local church property belongs to the National Body. It described the "hybrid neutral principles" approach:

 “[u]nder this approach, courts defer to and enforce trust language contained in the constitutions and governing documents of hierarchical religious organizations, even if this language of trust is not included in a civil legal document and does not satisfy the formalities that the civil law normally requires to create a trust.”

The court concluded:

 Although no ecclesiastical judgment is in the record, we conclude that the evidence presented at the summary judgment stage demonstrates that the National Body considered Mother Church to be the congregation entitled to possession and use of the Property.... Moreover, as the trial court found, Local Church had already sought disaffiliation from the National Body and had “appointed [its] own pastor, deacons, and trustees outside of the requirements of the [Manual].” We therefore defer to the National Body’s determination, acting through Bishop Hill, that Mother Church is the congregation entitled to possession and use of the Property and its associated personalty.

Friday, June 17, 2022

Ecclesiastical Abstention Doctrine Bars Mississippi Courts From Adjudicating Claims Of Fired Diocese Finance Officer

In Catholic Diocese of Jackson, Mississippi v. DeLange, (MS Sup. Ct., June 16, 2022), the Mississippi Supreme Court held that the ecclesiastical abstention doctrine prevents Mississippi courts from adjudicating wrongful termination, defamation and infliction of emotional distress claims brought by the former Finance officer of the diocese.  Plaintiff was given several reasons for his termination by the bishop. Under the Code of Canon Law, the Finance officer can be removed only for "grave cause." Plaintiff claimed that the reasons given for his termination were false. The court said in part:

 ... de Lange argues that his request merely asks a court to determine the truthfulness of the reasons given by the Diocese for his termination. De Lange insists that a civil court will not be required to interpret the Code of Canon Law. We disagree.

Even if the Diocese’s reasons were found to be based on falsehoods, and we are making no such determination, a reason existed for de Lange’s termination. That is, there was some reason for his termination, whether it is one of the reasons cited by the Diocese or, perhaps, it is simply the apparent incompatibility that existed between de Lange and Bishop Kopacz. Whatever that reason may be and regardless of the strength of that reason, the request that de Lange now makes ... would ultimately require judicial interpretation of what constitutes “grave cause” under the Code of Canon Law....  Such an interpretation is off limits for a civil court to make.

Friday, May 27, 2022

Ecclesiastical Abstention Doctrine Does Not Apply To Dispute Over Church's Form Of Governance

In Bogle v. Sewell, (MI App., May 26, 2022), a Michigan state appellate court held that the ecclesiastical abstention doctrine did not preclude the trial court from deciding whether 2011 and 2019 amendments to the bylaws of Evangel Echos Church of the Air validly changed the church from a membership-based to a directorship-based governance. The court said in part:

Whether the Church was organized on a membership basis or a directorship basis was not an ecclesiastical question—it was a corporate law question. To answer this question, the trial court needed to look no further than the Church’s Articles of Association and the MNCA. Resolving the parties’ dispute did not require the trial court to interpret any of the Church’s religious doctrine or to pass judgment on what it believed to be the form of corporate governance most in line with the Church’s discipline or values. It simply required the trial court to apply Michigan statutory law against the language of the Articles of Association

Tuesday, May 24, 2022

Dispute Over Kosher Certification Agencies Dismissed On Ecclesiastical Abstention Grounds

In Chimichurri v. Vaad Hakashrusof the Five Towns Far Rockaway, (Sup Ct Nassau Cnty NY, May 17, 2022), a New York state trial court dismissed on ecclesiastical abstention grounds a suit by a restaurant owner against a kosher certification agency.  The monopoly of a community-wide certification agency was broken when two rabbis formed a competing agency.  53 rabbis issued a letter urging members of the community not to patronized establishments certified by the new agency.  A restaurant making use of the new agency sued, claiming the letter cost it $156,000 per year in revenue. In dismissing the suit, the court said in part:

Here, the dispute is essentially one that involves the religious principles concerning the Kashrut, or Jewish dietary laws. Cases have long recognized that such disputes are ecclesiastical in nature....

It is apparent that the Defendant represents the efforts of the Five Towns and Rockaway community to break away from the historical disagreement over the laws of Kashrut and to develop generally agreed upon standards for that particular community. The Plaintiff chose to deviate from that. This Court is precluded, by the First Amendment, from considering the merits of the Plaintiff’s contentions arising from these facts.

The Forward reports on the decision.