Facts of the Case
The general Presbyterian Church (general church), and two local churches, Hull Memorial Presbyterian Church (Hull Church) and Eastern Heights Presbyterian Church, were in dispute over the control of properties used by the local churches in Savannah, Georgia. The local churches withdrew from the general church due to these conflicting views. In response, the general church took over the local churches’ property. Each of the local churches sued the general church for trespass on the disputed property. The general church argued that the civil courts don't have the power to determine whether the general church had departed from its faith and practice. The district court disagreed and concluded that, under Georgia law, the implied trust of local church property for the benefit of the general church was terminated because of the general church’s substantial departure from its doctrines. The Supreme Court of Georgia affirmed the judgment, but the U.S. Court of Appeals for the Eleventh Circuit reversed the decision by agreeing with the general church that the First Amendment prevents civil courts from ruling on church doctrine issues.
Questions
Do the civil courts have the ability to determine title to church property on the basis of the civil court’s interpretation of the church doctrine?
Conclusions
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No. Justice William J. Brennan Jr. delivered the opinion of the 9-0 majority. The court held that civil courts do not have the authority to award property on the basis of the interpretation and significance that the civil courts have assigned to aspects of the church doctrine. Therefore, the Court held that the Georgia courts have violated the First Amendment.
Justice John M. Harlan wrote a concurring opinion in which he argued that the Fourteenth Amendment prevented civil courts from enforcing agreements that limit any religious organization’s use of property granted.
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Federalist Society Review, Volume 20
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
