Bourne v. Center on Children, Inc.

838 A.2d 371, 154 Md. App. 42, 2003 Md. App. LEXIS 165
CourtCourt of Special Appeals of Maryland
DecidedDecember 11, 2003
DocketNo. 2698
StatusPublished
Cited by7 cases

This text of 838 A.2d 371 (Bourne v. Center on Children, Inc.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bourne v. Center on Children, Inc., 838 A.2d 371, 154 Md. App. 42, 2003 Md. App. LEXIS 165 (Md. Ct. App. 2003).

Opinion

JAMES R. EYLER, Judge.

This case arises out of an employment dispute between Hayden Bourne, appellant, a former church pastor, and appel-lees, who are part of the Church of the Nazarene, an international Christian religious denomination (the Church). Hayden Bourne’s spouse, Rhonda L. Bourne, is also an appellant.1 Appellees are the Washington District Church of the Nazarene, Inc. (Washington District Church), which employed appellant; Center on Children, Inc., a non-profit day care center associated with the Church (Center on Children); and Donald Allison (Reverend Allison) and Kenneth Mills (Dr. Mills), Church leaders and appellant’s former supervisors.

In October of 2001, following a disagreement with Church leaders, appellant filed suit in the Circuit Court for Baltimore City, claiming breach of employment contract, defamation, and false light. The circuit court entered summary judgment in favor of appellees, on the ground that the circuit court lacked subject matter jurisdiction to decide the case based on First Amendment religious freedom provisions.

On appeal, appellant argues that the circuit court erred because (1) the First Amendment does not bar litigation by or against a church on secular matters like contract and tort claims; (2) the appellees who are not churches are not protect[46]*46ed by the First Amendment; and (3) summary judgment was not appropriate because there are material facts in dispute.

We hold that the circuit court correctly interpreted First Amendment jurisprudence in ruling that appellant’s claims were barred for want of subject matter jurisdiction. Thus, we affirm the judgment of the circuit court.

Background on Church Organization

Initially, it is helpful to understand the organization of the Church, so as to comprehend how each party became involved in this case. The Washington District Church is the regional supervisory body of the Church, overseeing the denomination’s churches, ministers, and ministries within the region, including Baltimore. The Lighthouse Community Church (LCC), where appellant was employed during the time in question, is located within the Washington District’s region.

The Center on Children is a non-profit organization established to form a ministry of daycare centers affiliated with the Church. Reverend Allison and Dr. Mills are both ordained ministers in the Church. Reverend Allison founded the Center on Children and served in numerous leadership roles with the Church, including president and CEO of the Center on Children and supervisory pastor at the Parkville Church of the Nazarene, where appellant briefly worked before he became pastor at the LCC. Additionally, Reverend Allison was appointed as a special liaison for the Washington District Church to handle matters associated with appellant once a problem arose. Dr. Mills served as the District Superintendent of the Washington District Church, overseeing all the churches and ministers within the district, including the LCC. Dr. Mills also served on the board of directors of the Center on Children.

Factual Background2 3

Appellant is a citizen of Trinidad and Tobago, and he entered the United States in 1999 on a six month visitor’s [47]*47visa.3 Prior to coming to the United States, appellant was a licensed minister at several Nazarene churches in Trinidad and Tobago. In March of 1999, appellant attended a revival hosted by the Church in Washington, D.C., where he expressed interest in becoming involved in an urban ministry in Baltimore. Thereafter, appellant accepted an offer to organize and form a Nazarene church in Baltimore City.

Appellant’s mission to start a Baltimore City church was sponsored by the Parkville Church of the Nazarene (Parkville Church), located in Baltimore County and led by senior pastor Reverend Allison. Appellant began this mission by working as an assistant pastor at the Parkville Church.4 As an assistant pastor, appellant spent the majority of his time in the Patterson Park Avenue area of Baltimore City, working to start a new church, which ultimately became the LCC. Reverend Allison acted as appellant’s pastoral supervisor while he was with the Parkville Church.

Sometime after April of 2001, appellant ceased working at the Parkville Church and became the senior pastor of the [48]*48LCC.5 Prior to the founding of the LCC, the Center on Children purchased a number of buildings in the Patterson Park area and prepared them for use as a church and a daycare center. One of these buildings was designated for use as the LCC’s pastor’s residence. At some point after he became senior pastor, appellant moved into this residence, and lived there without paying for rent or utilities.

Appellant was a licensed minister with the Church, but he was not an “ordained” minister. Appellant applied for ordination in February of 2001. Ordination is ultimately determined by the General Board of the Church of the Nazarene, after receiving the local district’s recommendation.6 As part of the application process, the Washington District’s Board of Credentials (Board of Credentials) interviewed appellant. Dr. Mills is a member of the Board of Credentials, but Reverend Allison is not. Initially, the Board of Credentials was in favor of recommending appellant for ordination.

In March or April of 2001, a member of the LCC complained to Reverend Allison concerning appellant’s ministerial style. Reverend Allison discussed the complaint with Dr. Mills, who then advised the Board of Credentials of the complaint. Dr. Mills frequently received and dealt with such complaints, and he had the authority to investigate the matter. Choosing to do so informally, without the involvement of any board or church tribunal, Dr. Mills brought the matter to appellant’s attention. Upon hearing about the complaint, appellant became upset. He was particularly displeased with Dr. Mills’s refusal to identify who had lodged the complaint against him. Appellant believed that, under the manual of the Church, he had a right to confront his accuser. Dr. Mills felt such confrontation was inappropriate in a small congregation [49]*49and felt that the complaint in question was not significant enough to warrant such a confrontation.

Dr. Mills was not initially concerned about the complaint lodged against appellant, as it was typical of complaints he received regarding other pastors. He became concerned, however, as a result of appellant’s reaction to the situation.7 Thereafter, the Board of Credentials decided that it was in appellant’s best interest to wait an additional year for ordination. During that year, the Board of Credentials recommended that appellant undergo counseling.

Appellant rejected this recommendation, and by September of 2001, appellant’s relationship with Church leaders had significantly deteriorated. LCC’s secretary resigned because of complaints about appellant’s “dictator leadership.” Dr. Mills declared the LCC “a church in crisis,” meaning there was a moral, financial, or similar problem adversely affecting the ministry of the church.

On September 14, 2001, by letter, appellant was reassigned back to Trinidad, where he was a lawful citizen. Appellant declined this reassignment and stopped working for the Church altogether.

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838 A.2d 371, 154 Md. App. 42, 2003 Md. App. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourne-v-center-on-children-inc-mdctspecapp-2003.