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Court Rejects Challenges By Members To Their Expulsion From Religious Organization

By Howard M. Friedman

In Khan v. Fiji Jamaat-Ul Islam of America, (CA Ct. App., Nov. 23, 2010), a California appellate court rejected a challenge by two individuals to their expulsion from membership in a religious organization by the organization's board.  The court said:

Here, the lower court found that Fiji Jamaat?s evidence established a deliberative process that was religious in nature. Specifically, the court found that the decision to expel appellants was based on a consideration of whether appellants? conduct was improper, unbecoming, or likely to endanger the interest of Fiji Jamaat based upon the religious beliefs of the organization. This presents an ecclesiastical question, and the court correctly refused to consider appellants? contentions pertaining to the reasons for expulsion in greater depth. The trial court stated that Fiji Jamaat abided by the terms of the bylaws for termination of membership, provided adequate notice of the charges brought against appellants, and afforded them an opportunity to be heard.

Full post as published by Religion Clause on November 26, 2010 (boomark / email).