FUNDAMENTALIST CHURCH OF JESUS CHRIST v. Wisan
773 F. Supp. 2d 1217
D. Utah2011Background
- FLDS members (~5,000) challenge Utah court reform of the United Effort Plan Trust (UEP) as unconstitutional.
- 1942 UEP Trust created to live the United Order; amended 1998 to expand charitable/religious scope under FLDS leadership.
- 2000s: trustees’ malfeasance; Warren Jeffs accused of criminal acts; state AG petitions to remove/replace trustees; Judge Lindberg suspends trustees and appoints Special Fiduciary Bruce Wisan.
- 2005–2006: Utah court reforms the Trust via neutral principles of law, expanding secular administration and limiting religious decision-making.
- 2006 reformed Trust expands powers of Special Fiduciary to allocate housing and administer property neutrally; FLDS members contest in state and federal courts.
- 2008 federal suit filed; stayed pending settlement; 2010 Utah Supreme Court decision in FLDS case found laches; plaintiffs renew federal injunctive relief in 2010–2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Establishment Clause violation by state reform of a religious trust | Wisan/Lindberg acted to disestablish religion | Neutral principles avoid religious entanglement | Yes; reforming/recentering control violated Establishment Clause. |
| Free Exercise Clause impact of state-administered Trust | State action suppressed religious practice in Trust management | Action aimed to protect assets; non-religious criteria applied | Yes; plaintiffs substantially likely to prevail on Free Exercise claim. |
| Preclusion: laches/res judicata bar to federal action | Utah Supreme Court laches should not bar federal review | State ruling bars federal relief under res judicata/laches | Not precluded; laches not controlling here. |
Key Cases Cited
- Everson v. Board of Education, 330 U.S. 1 (1947) (establishment clause applies to states via the Fourteenth Amendment)
- McCollum v. Board of Education, 333 U.S. 203 (1948) (public school program aiding religion violates Establishment Clause)
- Lemon v. Kurtzman, 403 U.S. 602 (1971) (three-part test for Establishment Clause scrutiny)
- Jones v. Wolf, 443 U.S. 595 (1979) (neutral principles may resolve church property disputes without ecclesiastical questions)