Gundlach v. Laister

625 A.2d 706, 155 Pa. Commw. 319, 1993 Pa. Commw. LEXIS 268
CourtCommonwealth Court of Pennsylvania
DecidedApril 29, 1993
DocketNo. 2751 C.D. 1992
StatusPublished
Cited by1 cases

This text of 625 A.2d 706 (Gundlach v. Laister) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gundlach v. Laister, 625 A.2d 706, 155 Pa. Commw. 319, 1993 Pa. Commw. LEXIS 268 (Pa. Ct. App. 1993).

Opinion

KELLEY, Judge.

Frederick W. Gundlach (Gundlach) appeals from an order of the Court of Common Pleas of Philadelphia County, Orphans’ Court Division (trial court), which sustained the preliminary objections of Peter Laister, Rector, and the Members of Vestry, St. Clement’s Corporation (St. Clement’s) to Gundlach’s petition for citation and dismissed said petition.1 We affirm.

Gundlach filed a pro se petition for citation directed to Peter Laister, Rector and President of Vestry, St. Clement’s Corporation, Philadelphia, and to the members of the St. Clement’s Vestry, individually and in their corporate capacity, to show cause why Gundlach should not be admitted as a member of St. Clement’s. The facts, as alleged in Gundlach’s petition for citation, are as follows.

[321]*321On September 8,1991, Gundlach was admitted as a member and communicant of the Episcopal Church in the Episcopal Diocese of Pennsylvania in a ceremony performed at the Church of the Saviour, 38th and Chestnut Streets, Philadelphia, by representatives of the Diocese of Pennsylvania. In December 1991, Gundlach requested that the head priest of the Church of the Saviour transfer Gundlach’s church membership papers from the Church of the Saviour to the St. Clement’s Church, Philadelphia, a Pennsylvania nonprofit corporation and affiliate of the Episcopal Church. Gundlach’s request was pursuant to Episcopal Church Canon 17, § 4.2

In January 1992, Rector Peter Laister of St. Clement’s Church rejected, without explanation, the transfer of Gund[322]*322lach’s membership papers. On January 14, 1992, Allen L. Bartlett, Episcopal Bishop of Pennsylvania, notified Gundlach by letter that Gundlach was a communicant in good standing and, as the Bishop understood the canons, Gundlach had a right with the Episcopal Church to determine where his membership resided.

Thereafter, Gundlach again requested transfer of his membership papers from the Church of the Saviour to St. Clement’s Church, pursuant to sections 7106 and 7751 of the Nonprofit Corporation Law of 1988,3 15 Pa.C.S. § 5107 and § 5751,4 and Episcopal Church Canon 17, § 4. On February 6, 1992, Rector Peter Laister informed Gundlach, in writing, [323]*323that Gundlach’s name did not appear on the list of members of St. Clement’s.

Gundlach then filed a petition for citation with the trial court requesting that a citation be awarded, directed to Rector Peter Laister and the members of St. Clement’s Vestry, individually and serving in their corporate capacity, to show cause why Gundlach should not be admitted as a member of St. Clement’s Corporation.5 On September 1, 1992, the trial court awarded Gundlach’s citation and directed St. Clement’s to show cause why Gundlach should not be admitted as a member of St. Clement’s Corporation.

St. Clement’s filed timely preliminary objections to Gundlach’s petition for citation. After a hearing, the trial court, en banc, sustained the preliminary objections of St. Clement’s and dismissed Gundlach’s petition for citation.

In its opinion in support of its order sustaining the preliminary objections and dismissing the petition for citation, the trial court relied on the deference rule which prohibits civil courts, pursuant to the First and Fourteenth Amendments of the United States Constitution, from deciding issues of ecclesiastical law and religious doctrine, custom, polity, and practice. See Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979); Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976). The trial court concluded that the dispute in this case was one which was doctrinal in nature and that there had been no adjudication by any church body on the issue of Gundlach’s right to membership in St. Clement’s Church. In addition, the trial court refused to apply and interpret the Episcopal Church canon cited by Gundlach. This appeal followed.6

[324]*324On appeal, Gundlach argues that (1) under the United States Supreme Court’s holding in Serbian Eastern Orthodox Diocese, the trial court erred'in not deferring to the decision of Bishop Bartlett; (2) the trial court was not competent to decide if the resolution of an ecclesiastical issue by an Episcopal Bishop, transmitted by letter, does or does not represent a sufficient adjudication, but absent fraud or collusion, must apply the decision because Bishop Bartlett is an officer vested with superior ecclesiastical authority in the Episcopal Church; (3) pursuant to 10 P.S. § 81,7 the Vestry of St. Clement’s Church is not permitted to disregard canons in administering church property; and (4) he has standing to bring suit under section 7783 of the Nonprofit Corporation Law of 1988, 15 Pa.C.S. § 5793(a).8

In response, St. Clement’s argues that the United States Constitution requires deference to a church and its hierarchy as to the question of whether a congregation must admit a person to membership; that there is no adjudication for a civil court to enforce even if the Constitution did not prohibit such enforcement; that Gundlach has waived any claim under 10 P.S. § 81 by failing to raise this issue before the trial court; and that since it is undisputed that Gundlach has never been received as a member of St. Clement’s Church, he lacks [325]*325standing under the Nonprofit Corporation Law of 1988 to challenge the action of St. Clement’s denying him membership.

All of the parties to this appeal agree that the Protestant Episcopal Church in the United States of America, of which St. Clement’s Church is a member, is a hierarchical church. In Serbian Eastern Orthodox Diocese, the United States Supreme Court reiterated the constitutional mandate known as the deference rule initially set forth in Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L.Ed. 666 (1872) and constitutionalized in Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church, 344 U.S. 94, 73 S.Ct. 143, 97 L.Ed. 120 (1952). The deference rule provides that civil courts are bound to accept the decisions of the highest judicatories of a religious organization of hierarchical policy on matters of discipline, faith, internal organization, or ecclesiastical rule, custom, or law. Serbian Eastern Orthodox Diocese, 426 U.S. at 713, 96 S.Ct. at 2382.

The Pennsylvania Supreme Court recognized the wisdom of this deference rule in Presbytery of Beaver-Butler v. Middlesex, 507 Pa. 255, 489 A.2d 1317, cert. denied, 474 U.S. 887, 106 S.Ct. 198, 88 L.Ed.2d 167 (1985), when it wrote:

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Related

In re St. Clement's Church
687 A.2d 11 (Commonwealth Court of Pennsylvania, 1996)

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Bluebook (online)
625 A.2d 706, 155 Pa. Commw. 319, 1993 Pa. Commw. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gundlach-v-laister-pacommwct-1993.