United Methodist Church Is Not a Jural Entity That Can Be Sued Under NY Child Victims Act

In Chestnut v. United Methodist Church, (NY App. Div., July 10, 2024), a New York state appellate court held that the "United Methodist Church" is not a jural entity that can be sued under New York's Child Victims Act. Plaintiff, who alleged that she was sexually abused as a young child over a 4-year period by a youth group leader who was also the son of a clergyman, named 6 defendants. She alleged that United Methodist Church was in a principal-agent relationship with the Woodbury, New York church that employed the abuser. The court said in part:

Here, the issue of whether United Methodist Church is a jural entity capable of being sued does not concern a religious controversy, and, therefore, does not require the interpretation or application of ecclesiastical doctrine. Instead, the issue of whether United Methodist Church may be considered an unincorporated association rests entirely on neutral principles of law....

... [W]e conclude that the defendants established that United Methodist Church ... is a religious denomination ... and not a jural entity amenable to suit as an unincorporated association. It is undisputed that United Methodist Church does not have a principal place of business, does not have its own offices or employees, and does not and cannot hold title to property, and there is no proof in the record that United Methodist Church has incorporated or held itself out as a jural entity in any other jurisdiction....

... United Methodist Church governs itself through the efforts of United Methodists from all over the world who, at various levels, propose and adopt policies and procedures in the Discipline to be followed by, among others, local churches, annual conferences, and the various corporate entities at the general church level, such as GCFA. Given this unique structure, the hierarchical nature of United Methodist Church's "connectional" structure does not, in and of itself, suggest that United Methodist Church is an unincorporated association or anything other than a religious denomination.

Alabama Supreme Court Refuses to Order United Methodist Conference to Allow Church Disaffiliations

In Aldersgate United Methodist Church of Montgomery v. Alabama- West Florida Conference of the United Methodist Church, Inc., (AL Sup. Ct., May 31, 2024), the Alabama Supreme Court, in a per curiam opinion, applied the ecclesiastical abstention doctrine and dismissed a challenge by 44 Methodist congregations to a refusal by their parent Conference to allow the congregations to disaffiliate and retain their property. A few months before the congregations sought to disaffiliate, the Conference had changed its rules to provide that a member church could disaffiliate only after the Conference approved an eligibility statement that set out the reasons of conscience that led to the congregation's request. Prior to that, under a policy that was to expire at the end of 2023, congregations could disaffiliate and retain their property merely if they disagreed with the Chruch's policy on same-sex marriage and homosexuality. In affirming the dismissal of the case, the court said in part:

In order to grant the churches the relief they seek -- the right to vote on disaffiliation -- the trial court would have to survey the Judicial Council's ecclesiastical decisions, interpret the doctrinal scope of ¶ 2553 of the Book of Discipline, and review Conference determinations about the religious adequacy of the churches' eligibility statements.  That is, to decide any property questions, the trial court would have to adjudicate whether each of the churches had adequate "reasons of conscience...."  Resolving those issues would "inherently entail inquiry … into the substantive criteria by which [courts] are supposedly to decide the ecclesiastical question" -- whether the churches' reasons of conscience were sufficient for disaffiliation under ¶ 2553....   "But [that] is exactly the inquiry that the First Amendment prohibits."

Justice Bryan filed an opinion concurring specially which Justice Mitchell joined. Justice Cook filed an opinion concurring specially which Chief Justice Parker joined. Both opinions expressed sympathy with the churches' claim that the last-minute change in rules was engineered to prevent them from disaffiliating. Justice Mundheim filed an opinion concurring in the result, but not in the reasoning of the main opinion. Justice Sellers concurred in the result without filing a separate opinion. Justices Shaw, White and Stewart recused themselves.

OK Supreme Court: Church Autonomy Doctrine Requires Dispute Over Disaffiliation to Be Dismissed

In Oklahoma Annual Conference of the United Methodist Church v. Timmons, (OK Sup. Ct., Oct. 24, 2023), the Oklahoma Supreme Court held that under the church autonomy doctrine, a state trial court lacked subject matter jurisdiction to issue the temporary injunction it had entered in a dispute between the United Metodist Church and a local congregation, some of whose members wished to have the congregation disaffiliate from the parent body.  The initial vote by the Church of the Servant congregation fell slightly short of the number needed under United Methodist Book of Discipline to disaffiliate. The District Superintendent refused to exercise the discretion he had under Church rules to call another vote on the matter within a specified time period. The trial court concluded that the District Superintendent was biased against the congregation and ordered the parent body to allow a revote, even though it was beyond the time specified for it in the Book of Discipline.  The Supreme Court said in part: 

In ordering the temporary mandatory injunction in favor of Church of the Servant, Respondent found the church was likely to succeed on the merits and would be irreparably harmed without the injunction.... In so finding, the District Court interpretated the Book of Discipline church doctrine and procedures for UMC and fashioned a remedy contrary to Book of Discipline procedures.

Jewish Couple Denied Child Placement Services by United Methodist Agency Have Standing to Sue

In Rutan-Ram v. Tennessee Department of Children's Services, (Aug. 24, 2023), a Tennessee state appellate court reversed a decision of a special 3-judge trial court (see prior posting) and held that a Jewish couple who allege religious discrimination by a state-subsidized United Methodist child-placement agency have standing to sue.  The agency refused to provide the couple with foster care training and a home study because the couple did not share the agency's religious beliefs. A Tennessee statute protects faith-based agencies that refuse to participate in placing a child because of the agency's religious or moral convictions. Subsequently the Department of Children's Services provided the couple directly with the training required. The court said in part:

In the present case, the allegations of the complaint assert that the Couple has been denied and are being denied equal access to stated-funded foster and adoption services because of their Jewish faith. In finding that the Couple lacked standing, the three-judge panel again emphasized that the State was providing the Couple with child placement services. However, when the state makes it more difficult for members of one group than for members of another group to obtain services, the injury in fact “is the denial of equal treatment resulting from the imposition of the barrier, not the ultimate inability to obtain the benefit.” ...

When a statute subjects a group of people to unequal treatment based upon their religious beliefs, the fact that the statute may allow discrimination against other religious groups does not negate a disfavored group’s standing to challenge the statute....

The court also concluded that six other Tennessee taxpayers who were co-plaintiffs have taxpayer standing to sue. AP reports on the decision. [Thanks to Thomas Rutledge for the lead.]

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.

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.

EEOC Sues United Methodist's Global Ministries

The EEOC announced Friday that it has filed a federal lawsuit against  the Atlanta-based Global Ministries of the United Methodist Church, claiming that it fired an employee for complaining about racial discrimination. The lawsuit alleges that an employee who was hired to write articles for Global Ministries' website was fired after she complained several times to the human resources department about discriminatory and retaliatory treatment.

United Methodist Church Risks Split Over Position On LBTQ Ordination and Marriage

HuffPost reports that the United Methodist Church will likely break apart after a close vote yesterday at its 2019 General Conference on LGBTQ roles in the Church. As reported by United Methodist News Service, the delegates adopted the so-called "Traditional Plan" by a vote of 438 to 384.  This plan continues the Church's ban on ordaining LGBTQ clergy and the prohibition on officiating at or hosting same-sex weddings. The opposing "One Church Plan" was defeated by a vote of  449 to 374.  It would have allowed ordination LGBTQ pastors, and allowed, but not required, churches to host and pastors to officiate at same-sex marriages.  Later, by a vote of 405 to 395, the Conference asked the Church's Judicial Council to rule on the constitutionality of the Traditional Plan at its scheduled April meeting.

Fellow Church Members File Ecclesiastical Complaint Against Attorney General Sessions

CNN reports that on Monday, 640 members of the United Methodist Church filed a formal ecclesiastical complaint (full text) against fellow church member, Attorney General Jeff Sessions.  The complaint was addressed to pastors of the churches in Mobile, Alabama and Clarendon, Virginia that Sessions attends.  The complaint, brought pursuant to Paragraph 2702.3 of the United Methodist Book of Discipline, charges Sessions with child abuse, immorality, racial discrimination and dissemination of doctrines contrary to the standards of doctrine of the United Methodist Church.  Calling for entering into a "just resolution process" with Sessions, the complaint says:

Mr. Sessions-- as a long-term United Methodist in a tremendously powerful, public position-- is particularly accountable to us, his church.  He is ours, and we are his.  As his denomination, we have an ethical obligation to speak boldly when one of our members is engaged in causing significant harm in matter contrary to the Discipline on the global stage....  [W]e believethat the severity of his actions and the harm he is causing to immigrants, migrants, refugees, and asylees calls for his church to step into a process to directly engage with him as a part of our community.