The Battle of the Churches

I always find it interesting to follow legal issues as they relate to religion.  Our country has a long tradition of freedom of religion, and the insistence on maintaining a secular state has allowed for many religions to flourish.

In 1871, the U.S. Supreme Court ruled that it would not take sides on doctrinal disputes.  Translation: secular courts are not going to decide which religion is right or better.

A recent dispute within the Episcopal Church has been the latest source of controversy; many individual parishes and entire dioceses are leaving.  The split in the church, which has been a nationwide trend, has led to disputes about ownership of the physical places of worship. The split has also triggered disputes over the church assets, including endowments and other financial accounts.

Although courts are deciding these issues based on the nonreligious aspects of the dispute (property law and other relevant areas), there is the sense that the winner also feels a sense of religious entitlement in the verdict.   In most of the cases that have dealt with the split, the courts have awarded the property and the assets to the original church and the opinions are rooted in legal language with little reference to any doctrinal disputes.

Once a split has been made, there seems to be little potential for a peaceful negotiation of the terms.  That being said, it is obvious that both sides of the dispute are using the courts to address some of the ancillary issues that coincide with the religious dispute.

This will be an interesting one to follow and see the way the opinions are crafted to continue to avoid addressing any type of doctrinal superiority.