Landmark First Amendment Religion Litigation?
Lawyer2974 at aol.com
Lawyer2974 at aol.com
Fri Jan 26 13:24:14 PST 2007
In a message dated 1/26/2007 4:20:12 PM Eastern Standard Time,
mnewsom at law.howard.edu writes:
I will be the first to admit that I may have misread Jones v. Wolf, but “
neutral principles of law” is a rather capacious concept, and don’t forget
Gonzalez v. Roman Catholic Archbishop of Manila and the insistence there of the
right of the Court to provide a remedy where there was “fraud, collusion, or
arbitrariness” in the proceedings before the religious tribunal.
Jones v. Wolf sets forth one means by which a state may constitutionally
chose to resolve property disputes..it does not stand ofr a general proposition
applicable to the ministerial exception or other aspects of ecclesial
life.....case law has specifically held that the "arbitrariness" referred to in Gonzalez
does not give a court the jurisdiction to interpret an ecclesiaastical
organization's ecclesiastical process
Donald C. Clark, Jr.
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