Attorney: Texas Case Will Address Court Interference in Church Matters
by Allie Martin
April 27, 2006
(AgapePress) - - The Texas Supreme Court has announced it will hear a case that could determine whether courts have the authority to interfere with matters such as church discipline. The case known as Penley v. Westbrook dates back nearly six years to when Buddy Westbrook, pastor of Crossland Community Bible Church of Fort Worth, Texas, disassociated female church member Peggy Penley over divorce and adultery. Pastor Westbrook was sued after sending a letter to church members informing them of the situation.
Hiram Sasser is with Liberty Legal Institute, which is representing the church in the matter. He maintains that the United States Constitution protects churches and pastors when it comes to internal matters such as church discipline, and he says this case is "extremely important," in that it deals with this fundamental First Amendment issue.
According to Sasser, Pastor Westbrook followed the three-step model for conflict resolution outlined in Matthew Chapter 18 and was left with no other choice but disassociation after Penley refused to repent of her sin.
The attorney says Westlake had approached Penley about her inappropriate relationship with another man as well as her decision to terminate her marriage without any biblical basis. It was only after these efforts failed and Penley refused to repent that Crossland Community Bible Church's pastor wrote the letter to congregation members outlining the reasons for Penley's removal.
Increasingly over recent years, Sasser notes, a pattern has existed "of new lawsuits against pastors for following biblical principles and following the Bible." One of Liberty Legal Institute's goals in this case, he points out, is "to make sure that we establish clear precedent that pastors are immune from suit under the Constitution of the United States."
Now the Texas Supreme Court will hear the case, one that the Liberty Legal Institute spokesman believes could have a major impact in the future on whether courts have the authority to meddle or intervene in internal church matters, particularly with regard to church membership, governance, and other similar issues. "This case, perhaps, could forever settle this new trend of suing pastors for engaging in church discipline and following biblical principles," Sasser contends. He says the U.S. Constitution protects the right of a church to choose its members and govern itself "in any manner it chooses according to doctrine and faith, without government interference."
Likewise, Sasser asserts, pastors have a constitutional right to inform their congregations of "the influence of sin on church members and the steps being taken to address such sin." He says the U.S. Constitution prohibits individuals from suing churches or pastors for simply following biblical mandates that require disassociation from unrepentant members.
Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
