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Facts of the Case

Provided by Justia

This was a litigation which grew out of certain disturbances in what is known as the "Third or Walnut Street Presbyterian Church," of Louisville, Kentucky, and which resulted in a division of its members into two distinct bodies, each claiming the exclusive use of the property held and owned by that local church. The case was thus: The Presbyterian Church in the United States is a voluntary religious organization, which has been in existence for more than three-quarters of a century. It has a written Confession of Faith, Form of Government, Book of Discipline, and Directory for Worship. The government of the church is exercised by and through an ascending series of "judicatories," known as Church Sessions, Presbyteries, Synods, and a General Assembly.


Conclusions

  1. 9. In the class of cases in which property has been acquired in the same way by a society which constitutes a subordinate part of a general religious organization with established tribunals for ecclesiastical government, these tribunals must decide all questions of faith, discipline, rule, custom, or ecclesiastical government. 10. In such cases where the right of property in the civil court is dependent on the question of doctrine, discipline, ecclesiastical law, rule, or custom, or church government, and that has been decided by the highest tribunal within the organization to which it has been carried, the civil court will accept that decision as conclusive, and be governed by it in its application to the case before it.

The Ministerial Exception After Hosanna-Tabor: Firmly Founded, Increasingly Refined

The Ministerial Exception After Hosanna-Tabor: Firmly Founded, Increasingly Refined

Federalist Society Review, Volume 20

Note from the Editor: The Federalist Society takes no positions on particular legal and public...