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6th Circuit Says Church Autonomy Doctrine Does Not Bar Defamation Case

By Howard M. Friedman

In Ogle v. Hocker, (6th Cir., May 29, 2008), the U.S. 6th Circuit Court of Appeals held that the church autonomy doctrine does not bar the court from adjudicating defamation and intentional infliction of emotional distress claims brought by Troy Ogle, an ordained Church of God bishop, against Rick Hocker, also a COG bishop. In sermons and elsewhere Hocker referred to Ogle's alleged homosexual advances. The court said:

While we are solicitous of protecting religious services from interference, we do not believe it proper to simply label a sermon as "ecclesiastical" and bar suit. Rather, we ask whether the suit will require us to delve into protected matters of church doctrine, policy, and practice.... We are not asked to determine whether Ogle?s actions complied with church law, whether Hocker?s religious condemnation of Ogle comports with the religious tenants of the COG, or whether Hocker?s statements supported his doctrinal point.... The only issue is whether Hocker?s purported factual statements, made both during a sermon and in multiple other contexts, were falsehoods that harmed Ogle.

Finding that Hocker is not a public figure, the court remanded so the trial court could determine whether there had been a showing that the statements made were false and whether the alleged conduct was extreme and outrageous. (See prior related posting.)

Full post as published by Religion Clause on June 12, 2008 (boomark / email).