A time to define the issues, and a time for ecclesiastical abstention . . .

Originally published by David Coale.

Ecclesiastes 3:1-8 instructs: “For everything there is a season, and a time for every [a]purpose under heaven: a time to be born, and a time to die; a time to plant, and a time to pluck up that which is planted,” and so forth. McRaney v. North American Board of the Southern Baptist Convention instructs: “At this early stage of the litigation, it is not clear that any of these [necessary]  determinations will require the court to address purely ecclesiastical
questions. McRaney is not challenging the termination of his employment,  and he is not asking the court to
weigh in on issues of faith or doctrine[.] His complaint asks the court to apply neutral principles of tort law
to a case that, on the face of the complaint, involves a civil rather than religious dispute.” (citations omitted).

Acknowledging the Supreme Court’s recent reminder that “[t]he First Amendment protects the right of religious institutions ‘to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine,” the Court held: “At this time, it is not certain that resolution of McRaney’s claims will require the court to interfere with matters of church government, matters of faith, or matters of doctrine. The district court’s dismissal was premature.” No. 19-60293 (July 16, 2020).

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