Crowder v. Southern Baptist Convention

828 F.2d 718
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 28, 1987
DocketNo. 86-8386
StatusPublished
Cited by12 cases

This text of 828 F.2d 718 (Crowder v. Southern Baptist Convention) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crowder v. Southern Baptist Convention, 828 F.2d 718 (11th Cir. 1987).

Opinions

KRAVITCH, Circuit Judge:

Among the separation of church and state principles required by the establishment and free exercise clauses of the first amendment is that courts may not adjudicate ecclesiastical disputes. In this case, we examine the contours of this prohibition in deciding whether the district court erred in concluding that it could not, consistent with the first amendment, adjudicate a dispute concerning a parliamentary ruling at the 1985 Southern Baptist Convention.

I

In June 1985, more than 45,000 baptists who had been elected as “messengers” by their local congregations converged in Dallas, Texas, for the 1985 Southern Baptist Convention1 2(1985 Convention). Among [719]*719the business at the 1985 Convention was the election of members to the Committee on Boards, Commissions, and Standing Committees (Committee on Boards); the body responsible for nominating members to the various Southern Baptist Convention (SBC) institutions that administer the SBC’s assets and annual budget.

In accordance with SBC bylaws,2 the SBC Committee on Committees submitted a slate of nominations for the Committee on Boards for consideration by the floor of the 1985 Convention. When SBC President and 1985 Convention Chairman Dr. Charles Stanley opened the floor for discussion of the nominations, Messenger Slatton moved to “amend” the Committee on Committees’ slate of nominations by substituting a new slate of candidates. Chairman Stanley ruled that Messenger Slatton could not offer an entire slate of candidates at once and that he would have to move to amend the Committee’s nominations one by one by referring to specific individuals. When he realized that this ruling would greatly impair his ability to present the reasons supporting the substitution of a new slate of candidates,3 Messenger Slatton appealed the chair’s ruling to the floor of the convention. The messengers voted to overrule the chair and allow the floor to vote for all of Messenger Slatton’s nominees at one time. The 1985 Convention then adjourned until the evening session.

When the evening session convened, Chairman Stanley ruled that Messenger Slatton’s motion was out of order because SBC bylaw sixteen states that members to the Committee on Boards “shall be nominated to the Convention by the Committee on Committees.” The 1985 Convention parliamentarian explained that this bylaw does not permit any motion from the floor of the convention to amend the list of nominations received from the Committee on Committees because the word “shall” indicates that the Committee on Committees is exclusively responsible for such nominations. Chairman Stanley then refused to recognize several messengers attempting to raise points of order, and called for a vote on the Committee on Committees’ nomina[720]*720tions. The nominations were approved by a majority of messengers.

Appellants Robert S. Crowder, Sr., Julia J. Crowder, H. Allan McCartney and Henry C. Cooper were duly certified and registered messengers to the 1985 Convention. Appellants Robert and Julia Crowder petitioned the SBC Executive Committee both in writing and in person through counsel to urge the Executive Committee to use its “ad interim” authority4 to correct Chairman Stanley’s allegedly erroneous rulings and to take appropriate action with respect to the Committee on Boards. The Executive Committee considered appellants’ petition and affirmed the election of the Committee on Boards because “[wjhatever mistakes might have occurred in Dallas with reference to interpretation of the bylaws is history. To seek to re-do or un-do an action of the Southern Baptist Convention will accomplish no positive good.” The Executive Committee adopted the recommendations of the Executive Committee Bylaws Workgroup indicating, inter alia: (1) that messengers control the SBC within the SBC’s procedures; (2) that the messengers at the 1985 Convention elected- the nominees of the Committee on Committees; (3) that the Committee on Committee’s nominees for the Committee on Boards would, in the opinion of the Executive Committee, have been elected even if the nominees offered from the floor had been voted upon; (4) that messengers to the 1986 Convention will have an opportunity to erase any influence of the Committee on Boards elected at the 1985 Convention by rejecting the committee’s nominations from the floor of the 1986 Convention; and (5) that the polity of the SBC gives the Executive Committee the power to render moot any procedural defects in the election of the Committee on Boards at the 1985 Convention by affirming the election.5

The Crowder appellants and appellant Cooper then brought this diversity action against appellees,6 the Southern Baptist Convention and the Executive Committee of the Southern Baptist Convention. Appellants sought a declaration as to the proper construction of the bylaws in question; 7 a declaration that Chairman Stanley’s rulings were invalid;8 and a declaration that the members of the Committee on Boards selected at the 1985 Convention were without authority to serve in that capacity.9 In addition, appellants sought to enjoin appellees from violating the declaratory judgments and from permitting the [721]*721members of the Committee on Boards elected at the 1985 Convention from serving in that capacity.

Appellees filed a motion to dismiss alleging that the federal court lacked jurisdiction due to insufficiency of the amount in controversy, 28 U.S.C. § 1332(a), and that the court’s exercise of jurisdiction over the controversy would violate the First Amendment.10 The district court converted appellees’ motion to dismiss into a motion for summary judgment because appellees relied upon matters outside of the pleadings, see Fed.R.Civ.P. 12(b); it denied appellees’ motion for a stay of proceedings because the amount in controversy and first amendment issues were intertwined with the merits. Appellants then moved for summary judgment and responded to appellees’ motion for summary judgment.

The district court granted summary judgment for appellees on first amendment grounds and denied all other pending motions as moot. The court reasoned that the preliminary consideration in determining whether judicial resolution of the controversy would violate the fundamental proposition of constitutional law that civil tribunals have no power to resolve disputes which are ecclesiastical in nature is to determine the exact nature of the dispute. Only then may a court decide whether the case may be resolved by resort to the “neutral principles of law” method described in Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979). Applying this analysis, the court concluded that “[whether Reverend Dr. Stanley’s rulings were correct or patently incorrect is irrelevant because a decision as to validity of his rulings would involve this court in the internal affairs of the Southern Baptist Convention, a position the court cannot assume.”

II

Free access — add to your briefcase to read the full text and ask questions with AI

Related

King v. Tatum
185 So. 3d 434 (Supreme Court of Alabama, 2015)
Bruss v. Przybylo
Appellate Court of Illinois, 2008
Tubiolo v. Abundant Life Church, Inc.
605 S.E.2d 161 (Court of Appeals of North Carolina, 2004)
Emory v. Jackson Chapel First Missionary Baptist Church
598 S.E.2d 667 (Court of Appeals of North Carolina, 2004)
Leopold v. St. Paul's Greek Orthodox Church
509 S.E.2d 121 (Court of Appeals of Georgia, 1998)
Dobrota v. Free Serbian Orthodox Church
952 P.2d 1190 (Court of Appeals of Arizona, 1998)
Diocese of Galveston-Houston v. Stone
892 S.W.2d 169 (Court of Appeals of Texas, 1995)
Patterson v. Southwestern Baptist Theological Seminary
858 S.W.2d 602 (Court of Appeals of Texas, 1993)
Burgess v. Rock Creek Baptist Church
734 F. Supp. 30 (District of Columbia, 1990)
Crowder v. Southern Baptist Convention
828 F.2d 718 (Eleventh Circuit, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
828 F.2d 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowder-v-southern-baptist-convention-ca11-1987.