Smith v. Calvary Christian Church

614 N.W.2d 590, 462 Mich. 679
CourtMichigan Supreme Court
DecidedJuly 25, 2000
Docket114287, Calendar No. 1
StatusPublished
Cited by42 cases

This text of 614 N.W.2d 590 (Smith v. Calvary Christian Church) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Calvary Christian Church, 614 N.W.2d 590, 462 Mich. 679 (Mich. 2000).

Opinions

Cavanagh, J.

In this case, we are asked to decide whether plaintiffs intentional tort claims arising from church discipline are barred by the religion clauses of the federal constitution. Even if those constitutional provisions do not provide any defense to plaintiffs claims, however, plaintiff cannot prevail in this action. Through his words and deeds, plaintiff consented to the religious discipline imposed on him, so his claims fail as a matter of tort law. Accordingly, we reverse the judgment of the Court of Appeals, and reinstate the trial court’s grant of summary disposition under MCR 2.116(C)(10) for the defendants.

i

Plaintiff began attending Calvary Christian Church, a small, independent church, in August 1985. He formally became a church member in early 1986. When he became a member, plaintiff specifically consented not to cause division within the church, to be faithful [681]*681to Matthew 18:15-17,1 and to accept discipline imposed by the church.

Shortly after he began to attend the church, plaintiff requested a meeting with the church’s pastor, Mark Byers. At that meeting, plaintiff disclosed that he previously had frequented prostitutes. Plaintiff apparently believed that this disclosure would be kept confidential.

Later, in 1991, plaintiff was formally removed from the church’s membership. He was removed not because of his disclosure, but rather because he was causing division within the church by challenging church leaders over religious doctrine. Plaintiff requested that he be reinstated, but the pastor advised that before plaintiff could be reinstated, he had to confess his sins, including his past indiscretions with prostitutes, to the church board and to plaintiff’s wife. Plaintiff complied and was reinstated, but the board warned him that if he did not end his divisive conduct, he would again be subject to discipline.

Despite this warning, plaintiff continued to cause division within the church. Therefore, the church decided to “mark” plaintiff according to Matthew [682]*68218:15-17, which involves singling out a person who is involved in sin and causing division within the church, and detailing the person’s sins before the church congregation. The pastor advised plaintiff’s wife and family that plaintiff would be marked on December 8, 1996, and cautioned them against attending services that day. By that time, plaintiff had submitted a letter withdrawing his formal membership in the church; however, he remained involved with the church, and was present at the church on the day chosen for his marking, apparently entering the church to dispute the pastor over religious doctrine. Later in the service, the pastor announced to the congregation that plaintiff had formerly visited prostitutes.

On the basis of this revelation, plaintiff filed suit, alleging several causes of action. First, he asserted that his disclosure was confidential, and that the pastor repeating it to the congregation violated MCL 600.2156; MSA 27A.2156.2 He further asserted claims for breach of contract, invasion of privacy, and intentional infliction of emotional distress, and contended that the disclosure was not motivated by religious doctrine, but by the pastor’s personal spite and his intent to humiliate plaintiff and cause dissension in his family.

[683]*683After a hearing, the trial court granted summary disposition for the defendants on all counts.3 The court held that the statute was a rule of evidence and did not create a cause of action for the disclosure of private or privileged communications. It also held that plaintiff could not prove the elements of a breach of contract because there was no agreement that plaintiff’s disclosure would be kept confidential. Finally, the trial court held that plaintiff had not adequately pleaded his tort claims, but added that even if he had, whether clergy must keep confidential a personal disclosure is a matter of religious doctrine that a civil court cannot decide.

The Court of Appeals affirmed on the statutory and contract claims, but reversed and remanded the tort claims. After reviewing cases discussing the First Amendment Free Exercise Clause in the context of religious discipline, doctrine, and polity, the Court remanded for a determination of whether plaintiff was a member of the church when he was marked. The Court reasoned that if plaintiff was a member, then judicial examination of the marking process would be barred by the Free Exercise Clause; however, if he was not a member, the Court reasoned that the church would have had no power to discipline plaintiff, and his tort claims may have been viable. 233 Mich App 96; 592 NW2d 713 (1998). Defendant appealed the remand order, and this Court granted leave. 461 Mich 947 (2000).

n

Throughout this case, the defendants have argued that plaintiff’s claims are barred by the First Amend[684]*684ment religion clauses.4 Briefly, the defendants’ first argument is that this Court cannot decide plaintiff’s claims without deciding matters of defendants’ religious doctrine. Under the ecclesiastical abstention doctrine, apparently derived from both First Amendment religion clauses,5 “civil courts may not redetermine the correctness of an interpretation of canonical text or some decision relating to government of the religious polity.” Paul v Watchtower Bible & Tract Society, 819 F2d 875, 878, n 1 (CA 9, 1987). See also Watson v Jones, 80 US (13 Wall) 679, 729; 20 L Ed 666 (1871) (an ecclesiastical body’s “decisions should be binding in all cases of ecclesiastical cognizance”); Serbian Eastern Orthodox Diocese v Milivojevich, 426 US 696, 709; 96 S Ct 2372; 49 L Ed 2d 151 (1976) (when disputes require inquiry into religious law and polity, civil courts shall not disturb the ecclesiastical body’s decision); Berry v Bruce, 317 Mich 490, 499; 27 NW2d 67 (1947). Second, defendants argue that under the Free Exercise Clause, this Court cannot impose liability on them unless their actions in this case posed a threat to the public safety, peace, or order. See Sher[685]*685bert v Verner, 374 US 398, 402-403; 83 S Ct 1790; 10 L Ed 2d 965 (1963). Accordingly, defendants argue that their actions did not pose such a threat.

Plaintiff, of course, disputes these defenses. He argues that his claims do not involve any question of religious polity or doctrine, avoiding the ecclesiastical abstention doctrine. Further, he argues that because Michigan tort law is valid, neutral, and of general applicability, defendants do not have a free exercise defense. See Employment Div, Oregon Dep’t of Human Resources v Smith, 494 US 872, 879; 110 S Ct 1595; 108 L Ed 2d 876 (1990).

A

Although these competing claims present interesting and complex constitutional issues, we do not believe that resolving them is necessary to decide this case. Instead, we can simply assume without deciding that plaintiff is correct that these constitutional defenses do not apply. Similarly, because the defendants expressly waived any reliance on the Michigan Constitution,6 we need not decide whether its protections of religious freedom offer the defendants any shelter. Under the assumption that no constitutional defenses apply, plaintiff’s claims fail as a matter of tort law.

B

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Bluebook (online)
614 N.W.2d 590, 462 Mich. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-calvary-christian-church-mich-2000.