GILBERTSON, Justice
(on reassignment).
INTRODUCTION
[¶ 1.] This case calls for a determination by this Court as to whether the underlying dispute between the parties is secular, and [359]*359thus appropriate for us to adjudicate, or whether it is religious and thus beyond the jurisdiction of the courts of the State of South Dakota.
FACTS
[¶ 2.] Here, as in Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 699, 96 S.Ct. 2372, 2376, 49 L.Ed.2d 151, 157 (1976) a case involving disputes of a religious nature, “[a] proper perspective on the relationship of these parties and the nature of this dispute requires some background discussion.”
[¶ 3.] The Hutterite Religion traces its roots back to the time of the Reformation in Germany in the 1500⅛. It was founded by Jacob Hutter, its martyr, who is the source of the religion’s name. Like others who have championed new religious ideas, Hutter ran afoul with the powers-at-be of his day and as a result he was burned at the stake in 1536. However, his beliefs survived him in the form of the Hutterite Church.
[¶ 4.] The Hutterite Church is a communal way of life and is based on the Book of Acts Chapter 21 and Chapter 4.2 For several centuries the Hutterites lived a communal agrarian lifestyle in several European countries. In the 1870’s, religious persecution forced their relocation to the Midwestern United States and Canada. As a colony grew to approximately 100 to 150 members, rather than increase further, a spin-off colony would be created. Currently there are 63 colonies in North Dakota, South Dakota and Minnesota.
[¶ 5.] A colony is completely communal. The dining hall, church and school are communal. Members dress in similar clothing. The operation of the farming enterprises is also communal with the colony holding title to all real and personal property in the colony. Membership is voluntary but members are not permitted to own their own personal property. All individual labor and services are for the sole benefit of the colony and its church. To maintain this communal religious lifestyle, contact with the world outside the colony is limited only to what is regarded by colony leadership as necessary.3 In return colony members are provided by the colony with all the necessities of life, including food, clothing, shelter and medical care from the cradle to the grave.
[¶ 6.] This litigation involves the Tschet-ter Hutterian Brethren Inc., and Bur Oaks Hutterian Brethren Inc., (hereinafter “the colony”) which are nonprofit corporations organized under the laws of the State of South Dakota. An inspection of the Articles of Incorporation shows the operation of the economic enterprises of the colony is inseparable from its religious principles.4 Membership in the colony is under the [360]*360direction of the Board of Directors elected by a majority of voting members.5 The By-Laws indicate the Board of Directors is guided by its religious faith and failure to follow the rules of the religion and colony can lead to expulsion from the colony and its church.6
[¶ 7.] These colonies belong to the Schmiedleut Conference of the Church. Rev. Jacob Kleinsasser was Senior Elder or President of the Conference, which ordinarily is a lifetime appointment. This is a powerful position as the Senior Elder acts as the final arbiter or decision-maker regarding issues affecting the members of the Church and the colonies. In 1992 a book was published accusing Rev. Klein-sasser of improper financial dealings in regards to the Church and colonies. Based on these accusations a Conference meeting was held in December of 1992 which was attended by 173 ministers of the Hutterian Church. Ninety-five repudiated Rev. Kleinsasser’s leadership as Senior Elder and opted to follow the leadership of Rev. Joseph Wipf. The remaining 78 ministers remained loyal to the leadership of Rev. Kleinsasser. Of the 63 colonies in the Dakotas and Minnesota, all but five repudiated the leadership of Rev. Kleinsasser.
[361]*361[¶ 8.] The effect of this religious schism was felt throughout the colonies. Numerous colonies split into pro and anti Klein-sasser factions. This split occurred in the colonies involved in this litigation. Plaintiffs continue to follow Rev. Kleinsasser while the Defendants repudiated him and followed Rev. Wipf.
[¶ 9.J At the time of this schism the Tschetter Colony was under the religious leadership of Rev. Tom Decker. He remained loyal to Rev. Kleinsasser. The Plaintiffs in this action supported Rev. Decker and Rev. Kleinsasser. Rev. Decker refused to give Holy Communion, baptize or marry members of the colony who had repudiated Rev. Kleinsasser. Attempts at reconciliation between Rev. Decker and the majority of the colony were unsuccessful. In May of 1995, Rev. Decker resigned.
[¶ 10.] The majority of the colony who followed Rev. Wipf attempted to reconcile with the Plaintiffs. This proved unsuccessful. With tensions growing in the colony, Plaintiffs were given notice of a meeting to be held on March 27, 1995. The purpose of the meeting was to consider Plaintiffs’ refusal to comply with the will of the majority of the colony residents concerning religious and colony matters. At that meeting the Plaintiffs were expelled by the majority from the colony and its church.
[¶ 11.] The Plaintiffs refused to recognize their expulsion by the majority. Rather than leaving the colony, most of the now excommunicated Plaintiffs chose to remain although refusing to participate in colony work and worship. Further attempts at reconciliation by the Defendants were unsuccessful.7 The dispute festered and became further aggravated as time went on as the Hutterite religion does not recognize the use of secular courts to vindicate rights or eject non-members. Therefore, the majority Defendants were unable to convince and unwilling to force8 these Plaintiffs to leave the colony. A review of affidavits from both sides to this litigation indicates the allegations in the complaint stem from the fact both factions still remain at the colony and dislike intensely the others’ on-going presence. To encourage the Plaintiffs to vacate, the Defendants began shutting off utilities to the Plaintiffs’ residences although only with advance notice. Plaintiff Mike Decker in his affidavit declared, “the Plaintiffs’ family members have no desire to separate from the colony and have not separated from the Hutterite Church and its faith.”
[¶ 12.] This litigation followed with the filing of the complaint by the Plaintiffs. It was one of a flurry of lawsuits instituted by Rev. Kleinsasser’s followers in an attempt to retain control of the colonies split by the religious dispute. Although hardly a model of clarity, the lengthy complaint appears to allege tortious interference with a possessory interest and/or trespass to chattels, trespass, intentional infliction of emotional distress, negligent infliction of emotional distress, joint venture, oppression of corporate minority members, breach of fiduciary duty, implied trust and unjust enrichment.9 All causes of action alleged by the Plaintiffs appear to have [362]
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GILBERTSON, Justice
(on reassignment).
INTRODUCTION
[¶ 1.] This case calls for a determination by this Court as to whether the underlying dispute between the parties is secular, and [359]*359thus appropriate for us to adjudicate, or whether it is religious and thus beyond the jurisdiction of the courts of the State of South Dakota.
FACTS
[¶ 2.] Here, as in Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 699, 96 S.Ct. 2372, 2376, 49 L.Ed.2d 151, 157 (1976) a case involving disputes of a religious nature, “[a] proper perspective on the relationship of these parties and the nature of this dispute requires some background discussion.”
[¶ 3.] The Hutterite Religion traces its roots back to the time of the Reformation in Germany in the 1500⅛. It was founded by Jacob Hutter, its martyr, who is the source of the religion’s name. Like others who have championed new religious ideas, Hutter ran afoul with the powers-at-be of his day and as a result he was burned at the stake in 1536. However, his beliefs survived him in the form of the Hutterite Church.
[¶ 4.] The Hutterite Church is a communal way of life and is based on the Book of Acts Chapter 21 and Chapter 4.2 For several centuries the Hutterites lived a communal agrarian lifestyle in several European countries. In the 1870’s, religious persecution forced their relocation to the Midwestern United States and Canada. As a colony grew to approximately 100 to 150 members, rather than increase further, a spin-off colony would be created. Currently there are 63 colonies in North Dakota, South Dakota and Minnesota.
[¶ 5.] A colony is completely communal. The dining hall, church and school are communal. Members dress in similar clothing. The operation of the farming enterprises is also communal with the colony holding title to all real and personal property in the colony. Membership is voluntary but members are not permitted to own their own personal property. All individual labor and services are for the sole benefit of the colony and its church. To maintain this communal religious lifestyle, contact with the world outside the colony is limited only to what is regarded by colony leadership as necessary.3 In return colony members are provided by the colony with all the necessities of life, including food, clothing, shelter and medical care from the cradle to the grave.
[¶ 6.] This litigation involves the Tschet-ter Hutterian Brethren Inc., and Bur Oaks Hutterian Brethren Inc., (hereinafter “the colony”) which are nonprofit corporations organized under the laws of the State of South Dakota. An inspection of the Articles of Incorporation shows the operation of the economic enterprises of the colony is inseparable from its religious principles.4 Membership in the colony is under the [360]*360direction of the Board of Directors elected by a majority of voting members.5 The By-Laws indicate the Board of Directors is guided by its religious faith and failure to follow the rules of the religion and colony can lead to expulsion from the colony and its church.6
[¶ 7.] These colonies belong to the Schmiedleut Conference of the Church. Rev. Jacob Kleinsasser was Senior Elder or President of the Conference, which ordinarily is a lifetime appointment. This is a powerful position as the Senior Elder acts as the final arbiter or decision-maker regarding issues affecting the members of the Church and the colonies. In 1992 a book was published accusing Rev. Klein-sasser of improper financial dealings in regards to the Church and colonies. Based on these accusations a Conference meeting was held in December of 1992 which was attended by 173 ministers of the Hutterian Church. Ninety-five repudiated Rev. Kleinsasser’s leadership as Senior Elder and opted to follow the leadership of Rev. Joseph Wipf. The remaining 78 ministers remained loyal to the leadership of Rev. Kleinsasser. Of the 63 colonies in the Dakotas and Minnesota, all but five repudiated the leadership of Rev. Kleinsasser.
[361]*361[¶ 8.] The effect of this religious schism was felt throughout the colonies. Numerous colonies split into pro and anti Klein-sasser factions. This split occurred in the colonies involved in this litigation. Plaintiffs continue to follow Rev. Kleinsasser while the Defendants repudiated him and followed Rev. Wipf.
[¶ 9.J At the time of this schism the Tschetter Colony was under the religious leadership of Rev. Tom Decker. He remained loyal to Rev. Kleinsasser. The Plaintiffs in this action supported Rev. Decker and Rev. Kleinsasser. Rev. Decker refused to give Holy Communion, baptize or marry members of the colony who had repudiated Rev. Kleinsasser. Attempts at reconciliation between Rev. Decker and the majority of the colony were unsuccessful. In May of 1995, Rev. Decker resigned.
[¶ 10.] The majority of the colony who followed Rev. Wipf attempted to reconcile with the Plaintiffs. This proved unsuccessful. With tensions growing in the colony, Plaintiffs were given notice of a meeting to be held on March 27, 1995. The purpose of the meeting was to consider Plaintiffs’ refusal to comply with the will of the majority of the colony residents concerning religious and colony matters. At that meeting the Plaintiffs were expelled by the majority from the colony and its church.
[¶ 11.] The Plaintiffs refused to recognize their expulsion by the majority. Rather than leaving the colony, most of the now excommunicated Plaintiffs chose to remain although refusing to participate in colony work and worship. Further attempts at reconciliation by the Defendants were unsuccessful.7 The dispute festered and became further aggravated as time went on as the Hutterite religion does not recognize the use of secular courts to vindicate rights or eject non-members. Therefore, the majority Defendants were unable to convince and unwilling to force8 these Plaintiffs to leave the colony. A review of affidavits from both sides to this litigation indicates the allegations in the complaint stem from the fact both factions still remain at the colony and dislike intensely the others’ on-going presence. To encourage the Plaintiffs to vacate, the Defendants began shutting off utilities to the Plaintiffs’ residences although only with advance notice. Plaintiff Mike Decker in his affidavit declared, “the Plaintiffs’ family members have no desire to separate from the colony and have not separated from the Hutterite Church and its faith.”
[¶ 12.] This litigation followed with the filing of the complaint by the Plaintiffs. It was one of a flurry of lawsuits instituted by Rev. Kleinsasser’s followers in an attempt to retain control of the colonies split by the religious dispute. Although hardly a model of clarity, the lengthy complaint appears to allege tortious interference with a possessory interest and/or trespass to chattels, trespass, intentional infliction of emotional distress, negligent infliction of emotional distress, joint venture, oppression of corporate minority members, breach of fiduciary duty, implied trust and unjust enrichment.9 All causes of action alleged by the Plaintiffs appear to have [362]*362occurred in the colony or concern its control and the contents of its membership.
[¶ IB.] Plaintiffs apparently consist of every man, woman, child and baby in the Rev. Kleinsasser faction of the colony church. These Plaintiffs in them complaint sue every man, woman, child and baby who remain in the colony and its church who are also not members of the Plaintiffs’ religious faction and thus are members of the Rev. Wipf faction. The only way for a church member to avoid being sued as a Defendant is to become a Plaintiff.
PROCEDURE
[¶ 14.] After both sides had filed pleadings, affidavits and documents, the trial court conducted a telephonic hearing on various matters. Although a more extensive hearing would have been preferable, the question is whether the trial court erred by determining this was in essence a religious dispute and was therefore justified in dismissing the lawsuit.
It is the rule in this state that jurisdiction must affirmatively appear from the record and this court is required sua sponte to take note of jurisdictional deficiencies, whether presented by the parties or not- The test for determining jurisdiction is ordinarily the nature of the case, as made by the complaint, and the relief sought.
State v. Phipps, 406 N.W.2d 146, 148 (S.D. 1987) (citations omitted). The question of jurisdiction can be raised at anytime and by this Court upon its own motion. Deno v. Oveson, 307 N.W.2d 862, 863 (S.D.1981). A motion to dismiss for lack of subject matter jurisdiction pursuant to SDCL 15-6 — 12(b)(1) based on the First Amendment to the United States Constitution is a recognized legal procedure. Drevlow v. Lutheran Church, Missouri Synod, 991 F.2d 468, 470 (8thCir.l993); O’Connor v. Diocese of Honolulu, 77 Hawai'i 383, 885 P.2d 361 (1994). In so doing the court has the authority to consider material in the court file in addition to the pleadings. Drevlow, 991 F.2d at 470. See also Osborn v. United States, 918 F.2d 724 (8th Cir.1990).
ISSUE PRESENTED
Was the trial court correct in dismissing this action for lack of subject matter jurisdiction on the grounds it was a religious dispute rather than a secular dispute.
[¶ 15.] We determine that the trial court was correct.
LEGAL ANALYSIS
[¶ 16.] The First Amendment to the United States Constitution and art. VI, § 3 of the South Dakota Constitution preclude civil courts from entertaining religious disputes over doctrine, leaving adjudication of those issues to ecclesiastical tribunals of the appropriate church. The fact that a portion of the dispute involves property claims does not preclude this constitutional application and protection. Even when possession or ownership of church property is disputed in a civil court, “there is substantial danger that the State will become entangled in essentially religious controversies or intervene on behalf of groups espousing particular doctrinal beliefs.” Milivojevich, 426 U.S. at 709, 96 S.Ct. at 2380, 49 L.Ed.2d at 162.
[T]he First Amendment severely circumscribes the role that civil courts may play in resolving church property disputes. First Amendment values are plainly jeopardized when church property litigation is made to turn on the resolution by civil courts of controversies over religious doctrine and practice. If civil courts undertake to resolve such controversies in order to adjudicate the property dispute, the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in' matters of purely ecclesiastical concern.... The First Amendment therefore commands civil courts to decide church property disputes without resolving underlying controversies over religious doctrine.
[363]*363Id. at 709-10, 96 S.Ct. at 2380-1, 49 L.Ed.2d at 163. (Citations omitted). Mi-livojevich is factually applicable as it involves a dispute between two Bishops regarding who had the authority to control the church body, property and assets. An attempt by a secular court to adjudicate such disputes “frequently necessitates the interpretation of ambiguous religious law and usage.” Id. at 708, 96 S.Ct. at 2380, 49 L.Ed.2d at 162. It is improper for a secular court to evaluate conflicting testimony concerning internal church procedures. Id. at 717-18, 96 S.Ct. at 2384-5, 49 L.Ed.2d at 167-68. The reason for this ecclesiastical abstention doctrine rests. squarely with the non-secular nature of the subject matter of the dispute:
The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. The right to organize voluntary religious associations to assist in the expression and dissemination of any religious doctrine, and to create tribunals for the decision of the contravened questions of faith within the association, and for the ecclesiastical government of the individual members, congregations, and officers within the general association, is unquestioned. All who unite themselves to such a body do so with an implied consent to this government, and are bound to submit to it. But it would be a vain consent and would lead to the total subversion of such religious bodies, if any one aggrieved by one of their decisions could appeal to the secular courts and have them reversed. It is the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organization itself provides for.
Id. at 710-11, 96 S.Ct. at 2381, 49 L.Ed.2d at 163-4 (citing Watson v. Jones, 13 Wall. 679,-728-29, 20 L.Ed. 666 (1872)).
[¶ 17.] In Drevlow a minister sued the Missouri Synod Lutheran Church for the torts of libel, negligence and intentional interference with his legitimate expectancy of employment. 991 F.2d at 469. He claimed the church improperly put derogatory information about him and his wife in his personnel file. Under church rules, this information precluded him from receiving a pastorate at a Synod congregation. When considering the ecclesiastical decisions of the Synod, the Eighth Circuit noted it did not have subject matter jurisdiction over employment decisions where religious beliefs, procedures or law were implicated. Id. at 471. See also Scharon v. St. Luke’s Episcopal Presbyterian Hosp., 929 F.2d 360 (8th Cir.1991) (claims of chaplain against Episcopal hospital for employment discrimination dismissed as involving religious questions); Kaufmann v. Sheehan, 707 F.2d 355 (8th Cir.1983) (claims of priest against Roman Catholic Church for defamation and conspiracy dismissed as involving religious questions); Belin v. West, 315 Ark. 61, 864 S.W.2d 838 (1993) (claims of intentional infliction of emotional distress, defamation and tortious interference with business expectation dismissed as Bishop’s authority over employment of minister by congregation rested on religious doctrine); O’Connor, 885 P.2d 361; Pierce v. Iowa-Missouñ Conference of Seventh-Day Adventists, 534 N.W.2d 425 (Iowa 1995); Parish of the Advent v. Protestant Episcopal Diocese of Massachusetts, 426 Mass. 268, 688 N.E.2d 923 (1997); Basich v. Board of Pensions, Evangelical Lutheran Church in America, 540 N.W.2d 82 (Minn.App.1995) cert, denied, 519 U.S. 810, 117 S.Ct. 55, 136 L.Ed.2d 18 (1996) (dispute over church investment of pension funds involved ecclesiastical issues of church policy).10
[364]*364[¶ 18.] Secular courts will adjudicate disputes under the “neutral principles of law” doctrine. Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979). We discussed this doctrine in Foss v. Dykstra:
The neutral-principles approach calls for a completely secular examination by civil courts into church documents, deeds to the property in question, state statutes and other relevant evidence to determine ownership. The key to the neutral-principles approach is that such determination is to be made “exclusively on objective, well-established concepts of trust and property law familiar to lawyers and judges.”
342 N.W.2d 220, 222 (S.D.1983) (citing Foss v. Dykstra, 319 N.W.2d 499, 500 (S.D. 1982) (quoting Jones, 443 U.S. at 603, 99 S.Ct. at 3025, 61 L.Ed.2d at 785)). However, as determined in Jones, the neutral-principles of law rationale runs afoul of the First Amendment and likewise art VI, § 3 of the South Dakota Constitution when church doctrine and policy “pervade” the documents governing the church, which in the case before us are the colony’s Articles of Incorporation and By-Laws. Plaintiffs counter that “[sjimply put the Corporation, Colony, and Church have turned their back on the Plaintiffs.”
[¶ 19.] Because the secular law knows no heresy, is committed to the support of no religious dogma and the establishment of no sect, how are we to adjudicate this dispute “to effectuate the tenets of the Hutterian Church,” ... and decide whether the Defendants are allowing the Plaintiffs to “live together in a farming community, without individual ownership of personal or real property and that they should devote their labors in harmony with the dictates of God’s teachingsf?]” Are the property claims to be adjudicated by the courts of this State based upon “[a]ll rights of membership, grounds for their expulsion and managerial rules over the members of the corporation and over the property of the corporation [as] prescribed by the By-Laws none of which shall be contrary to the tenets, rules or faith of the Hutterian Church[?]” With respect to the operation of the colony how do we apply the following By-Law?
All members of this Corporation shall recognize and abide by the rules of the Hutterian church, and each of them and all of them do renounce the right to hold private property; and each and all of the members agree to abide by the rules, regulations, directives, and authority of the presiding bishop or bishops of the Hutterian Church to which all members of this corporation, through its local church, belong.
[¶ 20.] All acts complained of by the Plaintiffs arose from their excommunication from the church and attempted expulsion from the colony. It is suggested that we conduct an examination to determine whether these acts were done with malice thus purporting to negate any claim of religious privilege. Given the neutral principals of law limitation, how do we determine whether malice exists by the Defen[365]*365dants under the following “tenets, rules or faith of the Hutterian church” which was the basis for the plaintiffs’ excommunication and attempted expulsion?
If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. But if he does not listen, take one or two others along with you, that every word may be confirmed by the evidence of two or three witnesses. If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, let him be to you as a Gentile and a tax collector.
Matthew, 18:15-18 (Revised Standard Version, 1952 Ed.). As in Jones, issues of church doctrine and policy are pervasive. 443 U.S. at 609, n. 7, 99 S.Ct. at 3028, n. 7, 61 L.Ed.2d at 788, n. 7. “It is axiomatic that the guidance of the state cannot substitute for that of the Holy Spirit and that a courtroom is not the place to review a church’s determination of ‘God’s appointed.’ ” Rayburn v. Gen. Conf. of Seventh-Day Adventists, 772 F.2d 1164, 1170 (4th Cir.1985).
[¶ 21.] Plaintiffs in their brief concede all actions they complain of either occurred at the colony or involve its Articles of Incorporation and By-Laws. This colony was founded in 1941. The record is void of any discord among the colony members prior to the current religious schism.
[¶ 22.] Another Hutterite Colony schism occurred in Wollman v. Poinsett Hutterian Brethren, Inc., 844 F.Supp. 539 (D.S.D.1994). After analyzing the dispute provoked by the Rev. Kleinsasser-Rev. Wipf controversy, the court concluded:
The Court is unable to envision any set of facts which would more entangle the Court in matters of religious doctrine and practice. The religious communal system presented in this case involves more than matters of religious faith, it involves a religious lifestyle. Any individual Hutterian colony member’s entire life - essentially from cradle to grave - is governed by the church. Any resolution of a property dispute between a colony and its members would require extensive inquiry into religious doctrine and beliefs. It would be a gross violation of the First Amendment and Supreme Court mandates for this Court to become involved in this dispute.
Id. at 543. (Emphasis added).
[¶ 23.] We agree with this analysis. The record indicates there is no separation of religious life from a secular life in a Hut-terite colony because there is no separate secular life. The colony is run and its members, whether the followers of Rev. Kleinsasser or Rev. Wipf, all conduct their lives on religious absolutes based on the Bible and the Ten Commandments, “Thou shalt ... and Thou shalt not.” There are no separate secular shades of gray. Likewise, suing every man, woman, child and baby in their individual capacity who remain in the congregation is simply the same as suing the colony church congregation as the individual members renounce all rights to private ownership of property as a requirement for continued membership in the colony and its church. Plaintiffs in their complaint concede the core of the dispute when they declare both the Plaintiffs and Defendants are “members of the Hutterian church located at the Bur Oaks Hutterian Brethren ... and Tschet-ter Colony....”
[¶ 24.] We are not ecclesiastical jurists of the Hutterite faith and have no constitutional basis to interfere with this religious dispute. If there is an earthly forum for adjudication of Plaintiffs’ allegations, it is not the secular courts of this State. Kaufmann, 707 F.2d at 359. For the above reasons we hold adjudication of Plaintiffs’ claims by the courts of this state is precluded by the First Amendment to the United States Constitution and art. VI, § 3 of the South Dakota Constitution. As such, we affirm the circuit court.
[¶ 25.] MILLER, Chief Justice and KONENKAMP, Justice, concur.
[¶ 26.] SABERS and AMUNDSON, Justices, dissent.