Wednesday, February 15, 2012

3d DCA Watch -- Marva Wiley Wins!

 
Hey hey hey it's hump day, that means we have to slog through have the pleasure of deciphering the written utterances of our own Resplendently Robed Ones.

Given the recent kerfluffle over contraceptives and the Catholic Church, let's dig right in with a timely opinion on the "ecclesiastical abstention doctrine":

 Bendross v. Reardon:

The genuinely great Marva Wiley gets a reversal on alleged misconduct at a local church:
We find that the ecclesiastical abstention doctrine does not bar this suit.  Plaintiffs are not categorically prohibited from ever seeking redress from the courts solely because a religious organization is somehow involved in the dispute. “[W]hen a church-related dispute can be resolved by applying neutral principles of law without inquiry into religious doctrine and without resolving religious controversy, the civil courts may adjudicate the dispute.” Se. Conf. Ass’n of Seventh-Day Adventists, Inc. v. Dennis, 862 So. 2d 842, 844 (Fla. 4th DCA 2003) (citing Jones v. Wolf, 443 U.S. 595, 602-604 (1979)). Appellants do not allege, in their complaint, that the Bible Baptist Church committed any wrongdoing, and do not challenge the institution’s employment practices or policies. Nothing in the record indicates that Appellants have sought judicial intervention concerning any aspect of church governance. Instead, Appellants allege that Appellees, acting without authority, attempted to remove specific board members from the organization in derogation of the requirements of section 617.0808 (Fla. Stat. 2010).
 The War on Religion continues....

In other news, can you believe we need to raise money for Florida Supreme Court justices now?

But these are very worthy Justices and you should attend and give generously at the 2/27 event.

BTW, "Committee of Responsible Persons to Retain...." doesn't exactly roll off the tongue (it has a vague Soviet-era workers' committee ring to it), but it's a very good cause anyway.

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