531 S.W.3d 146
Tenn.2017Background
- Temple COGIC, a local member church of the national Church of God in Christ, Inc. (COGIC), was locked out after a group formed a new Tennessee corporation (Moscow Church) and a quitclaim deed purportedly transferred the church property to that corporation.
- COGIC’s governing document (The Official Manual) contains express trust language stating local church property is held in trust for the national church; the recorded deed to the property did not contain identical trust language.
- Bishop David A. Hall, as Jurisdictional Bishop, asserted authority as Temple COGIC’s pastor; an internal COGIC Ecclesiastical Council held on Nov. 23, 2013 found in favor of Bishop Hall, ordered reorganization, and directed turnover of church personal property to him.
- Plaintiffs (COGIC, Bishop Hall, Temple COGIC) sued to recover real and personal property, invalidate the quitclaim deed, and obtain an accounting; defendants moved to dismiss under the ecclesiastical abstention doctrine.
- The trial court dismissed for lack of subject-matter jurisdiction (ecclesiastical abstention) based on pleadings only; the Court of Appeals affirmed; Tennessee Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ecclesiastical abstention is a jurisdictional bar or an affirmative defense | Ecclesiastical abstention should not bar jurisdiction; courts can apply neutral principles and defer to ecclesiastical decisions | Ecclesiastical abstention prevents civil courts from deciding intra-church leadership/property disputes | Court: ecclesiastical abstention remains a subject-matter jurisdictional bar when it applies (but may be raised anytime) |
| Whether the ecclesiastical abstention doctrine barred this lawsuit | Plaintiffs: neutral-principles approach applies; COGIC constitution creates an express trust; Ecclesiastical Council already resolved pastoral question so civil court may enforce trust | Defendants: deciding which faction controls church property requires resolving ecclesiastical questions (pastor appointment), so abstention applies | Court: abstention did not apply here because (1) neutral-principles analysis establishes an express trust in COGIC’s favor and (2) the highest church judicatory already resolved the ecclesiastical question — courts must defer to that decision |
| Proper analytic framework for church property disputes | Plaintiffs: apply hybrid neutral-principles approach, deferring to ecclesiastical determinations where required | Defendants: urge deference or abstention to resolve identity/control questions | Court: adopts the hybrid neutral-principles approach (can consider deeds, charters, constitutions, etc., and must defer to final ecclesiastical determinations) |
| Whether plaintiffs were entitled to summary judgment on undisputed facts | Plaintiffs: record and Ecclesiastical Council ruling establish trust and Bishop Hall’s authority; no genuine fact disputes | Defendants: asserted factual challenge to jurisdiction and leadership status | Held: Plaintiffs entitled to summary judgment; case remanded to enter relief (invalidate quitclaim deed if necessary, restore possession, accounting) |
Key Cases Cited
- Watson v. Jones, 80 U.S. 679 (1871) (announces the rule of hierarchical deference and frames ecclesiastical abstention)
- Jones v. Wolf, 443 U.S. 595 (1979) (endorses neutral-principles approach for church property disputes)
- Presbyterian Church in U.S. v. Mary Elizabeth Blue Hull Mem’l Presbyterian Church, 393 U.S. 440 (1969) (neutral-principles approach can be constitutionally applied)
- Serbian E. Orthodox Diocese for U.S. & Can. v. Milivojevich, 426 U.S. 696 (1976) (civil courts must accept hierarchical church decisions on ecclesiastical questions)
- Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C., 565 U.S. 171 (2012) (ministerial exception characterized as an affirmative defense; discussed in relation to ecclesiastical doctrines)
- Redwing v. Catholic Bishop for the Diocese of Memphis, 363 S.W.3d 436 (Tenn. 2012) (Tennessee precedent endorsing neutral-principles for external affairs and limiting ecclesiastical abstention)