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Church Dispute Dismissed To Keep Court Out of Deciding Church Doctrine and Governance

By Howard M. Friedman

In Retta v. Mekonnen, (TX App., March 3, 2011), the Texas Court of Appeals dissolved a temporary injunction that had been issued by a Dallas trial court. The appeals court concluded that the trial court lacked jurisdiction to issue the injunction because the dispute requires the determination of religious doctrine and church governance. At issue was an amendment to the bylaws of the Ethiopian Orthodox Tewahedo Debre Meheret St. Michael's Church in Dallas adopted by its trustees providing that a $30 per month contribution was required to retain membership.  Individuals who were disqualified from membership under the new bylaw sued claiming that the trustees who adopted the new bylaw had not been properly elected.  At plaintiff's request, the trial court had issued an injunction ordering church trustees (1) not to prohibit anyone from entering the church and peaceably participating in worship services; (2) not to forcibly remove anyone from services without first asking them to leave; (3) to limit those asked to leave to anyone causing an actual disruption of services; and (4) to preserve church records, documents and recordings.

Full post as published by Religion Clause on March 05, 2011 (boomark / email).