Neutral principles in court ordered elections for religious offic es

Scarberry, Mark Mark.Scarberry at pepperdine.edu
Thu Jan 22 07:47:09 PST 2004


Excerpt from:

Los Angeles County Bar Association • daily ebriefs • Thursday, January 22,
2004

CALIFORNIA COURT OF APPEAL
   
-Business and Corporations Law-
Order requiring religious corporation to hold new elections for internal
offices did not violate First Amendment where order was based on
corporation’s by-laws, and court applied neutral, secular principles of
contract and corporations law, and did not intrude into matters of faith.
Procedures established by court for conduct of election, including
establishment of committee to determine that each voter met corporation’s
membership requirements--including adherence to faith--and requirement that
opposing factions be given equal time if church services were used for
electioneering, did not excessively entangle court with religion, since
"equal time" requirement was secular and not religious in nature, and
internal body and not court would determine any faith-related dispute.
     Singh v. Singh - filed January 20, 2004, First District, Div. Two
     Cite as 2004 SOS 215
     Full text http://www.metnews.com/sos.cgi?0104%2FA100705
 
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Mark S. Scarberry
Pepperdine


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