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Texas Supreme Court Decides in Favor of Church Autonomy |
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The Texas Supreme Court determined on Friday that allowing Peggy Penley's lawsuit to continue against her former pastor would improperly enmesh the court into church business, overturning a lower appellate court that refused to dismiss it. I wrote about this case a year ago, in which Rev. C.L. Westbrook disclosed personal details of his secular counseling sessions with Ms. Penley to the entire congregation as a part of his, I suppose, way of meting out tough-love church discipline.
Arguing that Rev. Westbrook violated his obligations as a licensed professional counselor, the suit - a fascinating case I think - questioned the status of church leaders when they inevitably take on a number of roles in ministry to a congregation. The Texas Supremes decided in favor of church autonomy.
Penley's argument goes to only one area of constitutional concern and ignores another. While it might be theoretically true that a court could decide whether Westbrook breached a secular duty of confidentiality without having to resolve a theological question, that doesn't answer whether its doing so would unconstitutionally impede the church's authority to manage its own affairs. Churches have a fundamental right "to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine." It is a core tenet of First Amendment jurisprudence that, in resolving civil claims, courts must be careful not to intrude upon internal matters of church governance I suppose that decision is the right one...although personally I can't condone the breach of ethics - I mean, what a shock to be sitting in the congregation that day if you're Ms. Penley, right? You'd think that at least Westbrook will lose his professional counseling license. But at the end of the day, short of threatening health or safety, the way a church deals with its willing congregation would seem to be out of the law's reach, a reality worth remembering when choosing your next confidante... |
