Fowler v. Bailey

844 P.2d 141, 1992 WL 370768
CourtSupreme Court of Oklahoma
DecidedDecember 21, 1992
Docket67146
StatusPublished
Cited by26 cases

This text of 844 P.2d 141 (Fowler v. Bailey) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fowler v. Bailey, 844 P.2d 141, 1992 WL 370768 (Okla. 1992).

Opinions

ORDER

Petition for rehearing filed in this cause is granted and this Court’s opinion promulgated herein on September 25, 1990 and reported at 61 OBJ 2516 is withdrawn and replaced by the opinion filed this date.

OPALA, C.J., HODGES, V.C.J., and LAVENDER, HARGRAVE, ALMA WILSON, SUMMERS and WATT, JJ., concur. KAUGER, J., concurs in part, dissents in part.

SUMMERS, Justice.

The plaintiffs were members of the St. Andrew Baptist Church in Tulsa who became concerned over the way their pastor was conducting the business of the church. They filed an action in the District Court against pastor Bailey, the deacons, and the trustees, requesting among other things, an injunction against excommunication, access to the financial records of the church and an accounting. They were immediately expelled from the church by unanimous vote of the congregation at a hastily called business meeting following a Wednesday night prayer service. After a hearing the trial court dismissed the suit because neither civil nor property rights of the plaintiffs were affected. The Court of Appeals summarily affirmed. On certiorari the plaintiffs re-urge their case and seek church reinstatement.1

The Courts will not interfere with the internal affairs of a religious organization except for the protection of civil or property rights. Wolozyn v. Begarek, 378 P.2d 1007, 1011 (Okl.1963); Cage v. Cansler, 119 Okl. 36, 248 P. 612, 613 (1926). There can, however, be no doubt but that the civil courts do have authority to resolve property disputes between rival factions of a church. Jones v. Wolf, 443 U.S. 595, 602, 99 S.Ct. 3020, 3024, 61 L.Ed.2d 775 (1979). On appeal the plaintiffs seek relief on two fronts. They ask that we (1) permit the District Court to hear their claims for reinstatement into the church, and (2) direct the lower court to hear and resolve their objection to the alleged misuse of church property (which would include, of course, access to the church financial records.) [144]*144For reasons to be explained, we can afford the plaintiffs no relief.

I.

The plaintiffs argue that their expulsion was void, and request relief in the form of a civil judicial order reinstating them as members of the church. Such ecclesiastical relief is beyond the power of a civil court. A “civil or property right” that justifies the exercise of civil judicial power has long been distinguished from ecclesiastical or “spiritual” rights that civil courts do not adjudicate. Civil courts in this country recognize that they have no ecclesiastical jurisdiction,2 and church disciplinary decisions cannot be reviewed for the purpose of reinstating expelled church members. In Shannon v. Frost, 42 Ky. (3 B.Mon.) 253 (1842) the court said:

We cannot decide who ought to be members of the church, nor whether the excommunicated have been justly or unjustly, regularly or irregularly cut off from the body of the church.
We must take the fact of expulsion as conclusive proof that the persons expelled are not now members of the repudiating church; for, whether right or wrong, the act of excommunication must, as to the fact of membership, be law to this court.

Id. 42 Ky. at 258.

This case has been frequently cited and its language used in other cases.3

The issue of whether the church proceeding complied with church rules or custom in expelling members presents no question for our review on a claim for reinstatement. In Ramsey v. Hicks, supra, the court said:

It cannot concern the civil authorities whether one accused of a spiritual offense be tried by an unconstitutional tribunal, or be denied merely religious rights and privileges without trial or without cause, since membership in an unincorporated religious society does not constitute a civil or valuable right within the meaning of the law.

Id. 91 N.E. at 351.

We agreed with this rule in First English Lutheran Church v. Bloch, 195 Okl. 579, 159 P.2d 1006 (1945), where we said: “Civil courts will not review acts of religious organizations relating solely to internal ecclesiastical affairs for the sole purpose of ascertaining whether they are in accord with policy, discipline, or usages of the organization.” Id. 159 P.2d at 1008. A more recent exposition of this principle in the context of “due process” is found in Nunn v. Black, 506 F.Supp. 444 (W.D.Va.1981), aff'd. 661 F.2d 925 (4th Cir.1981), cert. denied, 454 U.S. 1146, 102 S.Ct. 1008, 71 L.Ed.2d 299 (1982).

In Nunn the court said: “Specifically, the present inquiry is whether the plaintiffs had a right in Church membership protected by the Constitution or Federal law that was abridged when they were expelled by the congregation.” Id. 506 F.Supp. at 447. The court answered this inquiry with the following:

Finally, it is clear that the fact that the local church may have departed arbitrari[145]*145ly from its established expulsion procedures in removing the plaintiffs is of no constitutional consequence, whether one appeals the First, Fifth, or Fourteenth Amendments. Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 714, 96 S.Ct. 2372 [2382], 49 L.Ed.2d 151 (1976). It is the very nature of religious matters that ecclesiastical decisions are accepted as articles of faith, as opposed to the rational, objective mode of analysis and procedure used in secular decision-making. Therefore, in the present case, constitutional concepts of due process, involving secular notions of “fundamental fairness” or impermissible objectives, are therefore hardly relevant to such matters of ecclesiastical cognizance. 426 U.S. at 715, 96 S.Ct. at 2383. Thus, the plaintiffs’ contentions that their due process rights were violated in that their contributions to the church were expropriated by the expulsion is of no merit. Similarly, the above conclusion is not varied by the fact that the Church of God of Prophecy has no structured decision-making process.

Id. 506 F.Supp. at 448.

We now accept as fundamental the position that a church’s decision as to the status of a person’s church membership must be considered as binding and beyond the reviewing power of courts such as ours. Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976); Hadnot v. Shaw, 826 P.2d 978, 986 (Okl.1992); First Presbyterian Church of Perry v. Myers, 5 Okl. 809, 50 P. 70, 74 (1897); Shannon v. Frost, supra. Church membership, by itself, is not a civil or property right subject to civil judicial regulation, and we will not compel a church to reinstate a member.

There is, to be sure, a line of cases from a minority of jurisdictions holding otherwise. In Kennedy v. Gray, 248 Kan.

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Fowler v. Bailey
844 P.2d 141 (Supreme Court of Oklahoma, 1992)

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Bluebook (online)
844 P.2d 141, 1992 WL 370768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-bailey-okla-1992.