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Ecclesiastical Abstention Applies To Both Congregational and Hierarchical Churches

By Howard M. Friedman

In Ad Hoc Committee of Parishioners of Our Lady of the Son Catholic Church, Inc. v. Reiss, (AZ App., Feb. 23, 2010), an Arizona appellate court held that the ecclesiastical abstention doctrine applies to congregational churches in the same way that it applies to hierarchical ones. The court dismissed claims that Father Paul Andrade was improperly appointed as priest and Board Member of the separate Tridentine congregation because he was not validly ordained before 1968, as required by the church's articles.. It also dismissed a second claim that the Board improperly removed Father Andrade, holding that his firing was a purely ecclesiastical matter. Finally it dismissed a dispute among factions in the church over use of church funds.

Full post as published by Religion Clause on April 09, 2010 (boomark / email).