United Pentecostal Church International, Inc. v. Sanderson

391 So. 2d 1293, 1980 La. App. LEXIS 4646
CourtLouisiana Court of Appeal
DecidedOctober 28, 1980
DocketNo. 14301
StatusPublished
Cited by3 cases

This text of 391 So. 2d 1293 (United Pentecostal Church International, Inc. v. Sanderson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Pentecostal Church International, Inc. v. Sanderson, 391 So. 2d 1293, 1980 La. App. LEXIS 4646 (La. Ct. App. 1980).

Opinion

JASPER E. JONES, Judge.

Plaintiffs, United Pentecostal Church International, Inc., and Robert G. Gilbert, R. J. Cross, D. J. Fulgium, Robert Sessums, Jr., Orville L. Ainsworth, Hugh M. Gilbert, Aubrey D. Sanderson, and Ricky Jones, individuals who allege themselves to be former members and/or members of the Board of Directors of the First Pentecostal Church of Vivian, Inc., appeal a judgment sustain[1295]*1295ing an exception of lack of jurisdiction over the subject matter to the plaintiffs’ petition containing numerous demands against defendant Clarence Emery Sanderson, Pastor of the First Apostolic Church of Vivian, Inc., and the Board of Directors of said church. The demands contained in the petition seek to resolve numerous church-related disputes existing between plaintiffs and defendants. We affirm.

Plaintiffs allege the First Pentecostal Church of Vivian, Inc.’s name was changed by defendants to the First Apostolic Church of Vivian, Inc., (Apostolic), and that said churches are one and the same. Plaintiffs allege the First Pentecostal Church was affiliated with United (referred to in pleadings as the Central Church), and that its successor Apostolic, acting through defendants herein, has, contrary to the rules of United and Apostolic, disaffiliated itself with United.

Plaintiffs allege that the individual plaintiffs were deprived of their membership in Apostolic and that some of them were also terminated as members on the Board of Directors of Apostolic and improperly replaced, by actions taken by defendants without giving them proper notice, and otherwise in violation of the rules governing the church.

Plaintiffs allege that defendant, Sander-son, has been defrocked or declared to be no longer a minister of United and having lost his status as a minister of United is no longer qualified to be a minister of Apostolic.

Plaintiffs allege that defendants have discussed the sale of property belonging to Apostolic.

Plaintiffs pray for a judgment decreeing the action of Apostolic to disaffiliate with United to be null and void because it was taken contrary to the rules and regulations of United and Apostolic, and they further seek a declaratory judgment invalidating the removal of the individual plaintiffs from membership in the congregation and from the Board of Directors of Apostolic. Plaintiffs seek a preliminary and permanent injunction prohibiting defendants from selling or otherwise alienating or encumbering church property and from operating contrary to the by-laws of First United Pentecostal Church of Vivian, Inc. and the constitutional manual of United.

Plaintiffs further pray for a court order requiring defendants to hold an election of “church officers, ministers, board of directors, and officials” for Apostolic after giving notice to all members appearing on the membership rolls as of January, 1977.

The First Amendment to the U.S. Constitution provides:

“Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof ...”1

A similar provision is contained in Art. 1, § 8 of the 1974 Louisiana Constitution which provides:

“No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof.”

These constitutional provisions forbid governmental interference with religious freedom.

There is a vast body of jurisprudence emanating from the federal and state courts which holds that courts are prohibited by the First Amendment from attempting to resolve church disputes requiring interpretation of church laws and practices because this is interference with ecclesiastical and administrative matters within the church. See Serbian Eastern Orthodox Diocese, Etc. v. Milivojevich, 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976) and the numerous authorities cited therein. See also Katz v. Singerman, 241 La. 103, 127 So.2d 515 (1961); Henry v. Newman, 351 So.2d 1277 (La.App. 1st Cir. 1977); Macedonia Baptist Foundation v. Singleton, 379 So.2d 269 (La.App. 1st Cir. 1979); Joiner v. Weeks, 383 So.2d 101 (La.App. 3d Cir. 1980). It was the mandate of this rule that was the basis of the trial court’s judgment sustaining the exception to jurisdiction over the subject matter. This general rule is [1296]*1296subject to the exception that courts may decide controversies relating to property disputes involving religious litigants wherein the disputes can be resolved without the courts becoming involved in controversies involving religious doctrine and practice. See Serbian and Macedonia, supra; Presbyterian Ch. v. Mary E. B. Hull Mem. Pres. Ch., 393 U.S. 440, 89 S.Ct. 601, 21 L.Ed.2d 658 (1969).

Plaintiffs assign as error the trial court’s sustaining the exception of lack of jurisdiction of the subject matter. Plaintiffs contend the trial court erred in refusing to take evidence of the relationship between United and Apostolic which plaintiffs contend would establish that the controversy alleged in their petition could have been resolved without doctrinal or ecclesiastical deliberations. Plaintiffs also contend there exists a property dispute between the litigants to which the First Amendment does not apply.

We view the issues created by plaintiffs’ broad assignments of error to be (1) was the trial court prohibited from inquiring into the controversy relating to the actions of Apostolic in disaffiliating from United and Apostolic’s alleged action of terminating the church memberships of the individual plaintiffs and terminating some of them as members from the Board of Directors? (2) does plaintiffs’ petition contain allegations of a property dispute between the religious litigants that falls within the exception to the rule that courts are prohibited from resolving religious controversies? (3) was the trial court prohibited from inquiring into defendants’ selection of a pastor, members of the Board of Directors, and other church officers, and could the court order an election for a selection of a new slate of church officials?

ACTIONS OF APOSTOLIC IN DISAFFILIATING FROM UNITED AND ALLEGEDLY TERMINATING PLAINTIFFS FROM MEMBERSHIP IN THE CHURCH AND SOME OF THEM FROM MEMBERSHIP ON THE BOARD OF DIRECTORS

Plaintiffs contend that the trial court could have inquired into the issue of disaffiliation and the issues of defendants’ actions in terminating plaintiffs’ church membership and membership of some of thém on the Board of Directors without engaging in doctrinal or ecclesiastical deliberations, and under these circumstances judicial inquiry into these issues would not be prohibited by the First Amendment to the U.S. Constitution. Plaintiffs’ view of the constitutional prohibition is incorrect.

In order to have religious freedom it is essential that all phases of activity necessary and essential to religious worship be free from governmental control.

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Related

Glass v. First United Pentecostal Church
676 So. 2d 724 (Louisiana Court of Appeal, 1996)
McManus v. Taylor
521 So. 2d 449 (Louisiana Court of Appeal, 1988)
United Pentecostal Church International, Inc. v. Sanderson
395 So. 2d 682 (Supreme Court of Louisiana, 1981)

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391 So. 2d 1293, 1980 La. App. LEXIS 4646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-pentecostal-church-international-inc-v-sanderson-lactapp-1980.