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IL Court Applies Abstention Doctrine In Challenge To Hiring of Priest

By Howard M. Friedman

In Buss v. Przybylo, (IL App. Ct., Sept. 26, 2008), an Illinois appellate court applied the ecclesiastical abstention doctrine to dismiss a complaint by two members of The Shrine of Christ the King challenging a contract entered into by the church to employ Father Chester Przybylo to serve as priest for the congregation. The Shrine was established to promote the Tridentine Latin Mass. Plaintiffs alleged that Przybylo did not have the proper credentials to serve and that he had been accused in a lawsuit of sexually molesting a minor. The court concluded that determining whether a person is qualified to serve as a clergyman is a doctrinal decision. The First Amendment precludes civil courts from involving themselves in matters of church governance, faith or doctrine.

Full post as published by Religion Clause on October 06, 2008 (boomark / email).