QUESTION
we have a dispute in our church, the judge gave my church a restraining order against my bishop or any of his agents from interfering in our church
Asked on May 08th, 2016 on Litigation - Tennessee
More details to this question:
affairs until a ruling comes from our church supreme court. The bishop sent a letter to our pastor charging him with charges and bringing him up for trial in 20 days. the church supreme court is sending a ruling in 30 days. we can't afford an attorney to file a violation of the court order. can the trustee of the church go to the judge and ask for a show cause?
1 ANSWER
Yes you can seek a show cause order but I am surprised that the judge would issue a restaining order and get the court involved in church affairs. I am sure that the bishop is taking the position that Tennessee courts involvment in church affairs are barred by the First Amendment's protection of purely religious matters from interference by secular courts. The freedom of churches to resolve their own disputes is such a fundamentally ecclesiastical matter that the court can not resolve those disputes under the First Amendment.
Answered on May 08th, 2016 at 9:08 AM