Part V: Off Limits Litigation

In Part I of this series, we discussed church structure and governance, which helps us understand legal issues in church disputes. In Part II, we discussed the importance of governing documents to resolving legal disputes. In Part III, we discussed church property disputes and how to prevent and prepare for them. In Part IV, we addressed how churches can avoid legal troubles like defamation claims resulting from church discipline.

Here, we discuss constitutional principles that restrict courts from deciding certain church disputes. The First Amendment of the U.S. Constitution states that the government (including civil courts) may not establish religion or prohibit the free exercise of religion. Most state constitutions have similar provisions. A set of interrelated rules that restrains courts from deciding certain church-related disputes has grown from these principles.

The Church Autonomy Doctrine

The church autonomy doctrine (also known as the ecclesiastical abstention doctrine) flows from the First Amendment. This rule keeps civil courts from meddling in the internal affairs of churches. Courts and government bodies are not allowed to resolve religious or ecclesiastical questions. They cannot interfere in the internal governance of churches. This includes disputes that involve theological controversies, church discipline, ecclesiastical government/polity, or the moral standards expected of church members. The basic principle is that secular officials cannot decide religious disputes.

The church autonomy doctrine applies widely. It has controlled cases that include church property disputes, lawsuits arising from church discipline, and interpretation of church policies. Courts can only handle these types of cases if they can apply neutral principles of law and don’t intervene in internal church affairs. Church autonomy prevents many church-related claims from being litigated. It is a major constitutional protection.

The Ministerial Exception

A doctrine related to church autonomy, that applies specifically in the employment context, is known as the ministerial exception. This rule exempts churches and ministries from employment laws when it comes to hiring, firing, and managing their ministers. Usually, lawsuits filed by ministers related to their employment will be dismissed.

The scope of who is considered a minister has evolved. Before 2020, some courts used strict criteria, like requiring religious education and training and an official ministerial title. But in 2020, the U.S. Supreme Court expanded this definition. Its ruling focused on whether an employee performs religious functions. This means that the term “minister” is much broader than “clergy” and can include church employees who perform religious functions such as teaching, discipling, leading worship, and prayer.

The exact applications of the ministerial exception to claims are still being defined. It is certain that the ministerial exception bars claims against churches by ministers for discrimination and wrongful termination. But what about claims for breach of contract or defamation? What about wage-and-hour claims? Courts have gone different ways on these issues.

Why Do These Rules Matter to Churches?

These constitutional principles are important for churches as they determine what kinds of disputes can and cannot be resolved in court. Churches generally want to avoid litigation. To achieve this, churches should design policies and actions with a religious basis, which takes them outside the scope of judicial action.

With respect to the ministerial exception, ministries should clearly define and document employees who are ministers. They can do this through clear job descriptions and signed agreements that show that an employee performs religious functions.

However, sometimes churches want to be in court and want to enforce rights in court. For these issues, churches should work with legal counsel to ensure that the rights they want to be legally enforceable are not barred by church autonomy but can be decided by applying neutral principles of law.

Stay Tuned

In Part VI, we will discuss conciliation agreements and other practical steps that churches and leaders can take to prevent conflicts and keep church disputes out of the courts.

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Featured Image by Rebecca Sidebotham.