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Texas Court Finds No Jurisdicion In Defamation Suit Against Church and Its Pastor

By Howard M. Friedman

In In re Rick Godwin, (TX Ct. App., June 10, 2009), a Texas state appellate court applied the ecclesiastical abstention doctrine to find that civil courts lack jurisdiction over actions for defamation, intentional infliction of emotional distress and fraud brought by a former member of Eagle's Nest Christian Fellowship Church against the church and its pastor Rick Godwin. Plaintiff Larry Nail had been a member and generous donor to the church. He began to criticize the church's financial expenditures. He resigned over the matter and began urging others to do the same. In response, Godwin read from the pulpit a statement drafted by him and the church's Board of Elders defending the church and accusing Nail of bribing members to leave the church. The court concluded that reading of the statement involved maters of internal church discipline and governance, and that Nail's challenge to the manner that church funds were spent would involve the court in an impermissible inquiry into religious doctrines and practices.

Today's San Antonio Express-News reports on the decision. The paper had previously detailed the alleged improper expenditures by the church, which included charter jet travel, expensive gifts and luxury hotel stays for Godwin, his wife and associates, some of whom set his compensation. Subsequently Godwin says he paid back personal expenses and changed church financial policies with the advice of a law firm. (See prior related posting.)

Full post as published by Religion Clause on June 11, 2009 (boomark / email).