103 So. 3d 40
Ala.2012Background
- Higgs, former pastor/pastor emeritus of COR, sues Bole for defamation, invasion of privacy, and IIED.
- Higgs sought from Schultz a civil subpoena; Schultz moved to quash citing First Amendment concerns.
- Schultz’s objection and Bole’s motion to dismiss followed; trial court denied in part and later ordered to quash subpoena as to Schultz’s materials.
- Conference conducted investigation into Higgs; May 23, 2011 resolution dismissed charges against Higgs and Kevin Higgs Sr.
- May–July 2011 internal COR communications documented pushback and relocation of Higgs and Kevin; Higgs alleged harm from statements and conference actions.
- Trial court later concluded the civil claims would require impermissible review of church governance; mandamus petitions led to dismissal for lack of subject-matter jurisdiction; Schultz’s petition deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court lacked jurisdiction under First/Fourteenth Amendments | Higgs argues action is about secular defamation, not ecclesiastical matters | Bole argues church investigation/governance are central; impermissible intrusion | Yes; lack of jurisdiction under First/Fourteenth Amendments |
Key Cases Cited
- Presbyterian Church in the U.S. v. Hull Church, 393 U.S. 440 (1969) (court may not adjudicate internal church matters; church autonomy)
- Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696 (1976) (interference with church governance prohibited; strict First Amendment protection)
- Hutchison v. Thomas, 789 F.2d 392 (6th Cir. 1986) (ministerial employment disputes generally insulated from civil courts)
- Heard v. Johnson, 810 A.2d 871 (D.C. 2002) (defamation claims arising from church disciplinary context often barred)
- Guinn v. Church of Christ of Collinsville, 775 P.2d 766 (Okla. 1989) (First Amendment protects church discipline; privilege/absolute protection in certain contexts)