Presbyterian Church v. Hull Church

Last updated
Presbyterian Church v. Hull Church
Seal of the United States Supreme Court.svg
Argued December 9–10, 1968
Decided January 27, 1969
Full case namePresbyterian Church in the United States, et al. v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, et al.
Citations393 U.S. 440 ( more )
89 S. Ct. 601; 21 L. Ed. 2d 658; 1969 U.S. LEXIS 2702
Case history
PriorCertiorari granted, 390 U.S. 440(1968)
Holding
The First Amendment, as applied through the Fourteenth Amendment, bars the state from passing judgment in theological matters when judging property disputes involving religious organizations. Invalidates so-called "departure-from-doctrine" theory.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · William O. Douglas
John M. Harlan II  · William J. Brennan Jr.
Potter Stewart  · Byron White
Abe Fortas  · Thurgood Marshall
Case opinions
MajorityBrennan, joined by unanimous
ConcurrenceHarlan
Laws applied
U.S. Const. amends. I, XIV

Presbyterian Church v. Hull Church, 393 U.S. 440 (1969), was a United States Supreme Court case involving the secession of two local churches, including Hull Memorial Presbyterian Church, from the parent body Presbyterian Church in the United States because, they claimed, the Church had departed from its original doctrinal tenets. The Court ruled that the state could not pass judgment concerning religious doctrine or church law.

Background

In 1966 the sessions of two congregations of the Presbyterian Church in the United States voted to secede from the parent organization. They were upset over the parent body's decisions to ordain women, to remain within the National Council of Churches, its position with regard to the Vietnam War and other social issues, its embrace of "neo-orthodox" and alleged denial of the Holy Trinity and certain Sunday School texts. Subsequently the Presbytery of Savannah appointed an Administrative Commission to resolve the dispute. When the two insurgent churches remained intransigent, the Presbytery attempted to take over the seceding churches' properties until new leadership could be found. The seceding churches then filed suit in the Superior Court of Chatham County to enjoin representatives of Presbytery from trespassing on their properties. In response, the denomination moved to dismiss that injunction and filed a cross-injunction on its own behalf claiming that the state had no authority to determine whether the general church had departed from its tenets of faith and practice. The suits were consolidated for trial.

At the trial the case was decided under the doctrine of "implied trust" and "departure from doctrine", which meant that the jury was instructed to render a verdict whether the general church had violated the trust of its members by departing fundamentally from its original tenets. The jury found for the seceding churches, as did the Supreme Court of Georgia.

Related Research Articles

<span class="mw-page-title-main">United Presbyterian Church in the United States of America</span> Historical Presbyterian organization

The United Presbyterian Church in the United States of America (UPCUSA) was the largest branch of Presbyterianism in the United States from May 28, 1958, to 1983. It was formed by the union of the Presbyterian Church in the United States of America (PCUSA), often referred to as the "Northern" Presbyterian Church, with the United Presbyterian Church of North America (UPCNA), a smaller church of Covenanter-Seceder tradition at a conference in downtown Pittsburgh, Pennsylvania, in May 1958. Vigorous ecumenical activity on the part of PCUSA leaders led to this merger, something of a reunion of two long-separated branches of the larger Presbyterian family deriving from the British Isles.

Epperson v. Arkansas, 393 U.S. 97 (1968), was a landmark United States Supreme Court case that invalidated an Arkansas statute prohibiting the teaching of human evolution in the public schools. The Court held that the First Amendment to the United States Constitution prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment. After this decision, some jurisdictions passed laws that required the teaching of creation science alongside evolution when evolution was taught. These were also ruled unconstitutional by the Court in the 1987 case Edwards v. Aguillard.

Forum shopping is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and so have attracted litigation even when there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated.

<span class="mw-page-title-main">Evangelical Presbyterian Church (United States)</span> Protestant Reformed Evangelical church body

The Evangelical Presbyterian Church (EPC) is an American church body holding to presbyterian governance and Reformed theology. It is most distinctive for its approach to the way it balances certain liberties across congregations on "non-essential" doctrines, such as egalitarianism in marriage or the ordination of women, alongside an affirmation of core "essential" doctrinal standards.

The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

<span class="mw-page-title-main">Presbyterian Church in the United States of America</span> Historical Presbyterian organization

The Presbyterian Church in the United States of America (PCUSA) was the first national Presbyterian denomination in the United States, existing from 1789 to 1958. In that year, the PCUSA merged with the United Presbyterian Church of North America, a denomination with roots in the Seceder and Covenanter traditions of Presbyterianism. The new church was named the United Presbyterian Church in the United States of America. It was a predecessor to the contemporary Presbyterian Church (USA).

<i>Erie</i> doctrine Doctrine in US federal civil procedure

The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question must apply state substantive law.

Scheidler v. National Organization for Women, 547 U.S. 9 (2006), was a lengthy and high-profile U.S. legal case interpreting and applying the federal Racketeer Influenced and Corrupt Organizations Act (RICO): a law originally drafted to combat the mafia and organized crime, the Hobbs Act: an anti-extortion law prohibiting interference with commerce by violence or threat of violence, and the Travel Act: a law prohibiting interstate travel in support of racketeering.

Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280 (2005), is a United States Supreme Court case in which the Court clarified the Rooker-Feldman doctrine and its relation to preclusion and concurrent jurisdiction.

Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry, 494 U.S. 558 (1990), was a case in which the United States Supreme Court held that an action by an employee for a breach of a labor union's duty of fair representation entitled him to a jury trial under the Seventh Amendment.

<span class="mw-page-title-main">2005 term per curiam opinions of the Supreme Court of the United States</span>

The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005, until October 1, 2006.

The Old Side–New Side controversy occurred within the Presbyterian Church in Colonial America and was part of the wider theological controversy surrounding the First Great Awakening. The Old and New Side Presbyterians existed as separate churches from 1741 until 1758. The name of Old Side–New Side is usually meant as specifically referring to the Presbyterian Church. When one is referring to the debate as a whole, Old and New Light is usually used.

United States v. Lee, 106 U.S. 196 (1882), is a 5-to-4 ruling by the United States Supreme Court which held that the Constitution's prohibition on lawsuits against the federal government did not extend to officers of the government themselves. The case involved the heir of Mary Anna Custis Lee, wife of Confederate States of America General Robert E. Lee, who sued to regain control of Arlington House and its grounds. Arlington had been seized by the United States government in 1861 and eventually converted into Arlington National Cemetery. The estate had been sold to pay outstanding taxes, but the lawsuit contested the tax sale as improper. A jury found in favor of the Lees. The Supreme Court, too, concluded that the tax sale was illegal. In stripping the federal officers of their sovereign immunity, the Supreme Court agreed that suit against them was proper.

Robert Adam Holliday Lusk was a Reformed Presbyterian or Covenanter minister of the strictest sort, in a century which, according to Presbyterian historian Robert E. Thompson, was marked by increasing relaxation into less stringent manifestations of doctrine and practice amongst all branches of Presbyterianism. His career crossed paths with many prominent ministers and he was involved in numerous ecclesiastical courts at pivotal moments in the history of the Reformed Presbyterian Church. Amongst Reformed Presbyterians, he was an "Old Light," and amongst "Old Lights," he would lay claim to be an "Original Covenanter." He was descended from a long line of Scotch-Irish, and the Lusks had fled from Scotland to Ireland, escaping religious persecution; many of them settled in America prior to the American Revolutionary War.

<span class="mw-page-title-main">ECO: A Covenant Order of Evangelical Presbyterians</span> Protestant denomination

ECO: A Covenant Order of Evangelical Presbyterians is an evangelical Presbyterian denomination in the United States. As a Presbyterian church, ECO adheres to Reformed theology and Presbyterian polity. It was established in 2012 by former congregations and members of the Presbyterian Church (USA), abbreviated PC(USA). Denominational disputes over theology—particularly ordination of practicing homosexuals as pastors and gay marriage—and bureaucracy led to the founding of ECO. In 2018, ECO has over 383 congregations, 103,425 covenant partners and over 500 pastors. ECO churches are egalitarian in beliefs and ordain women as pastors and elders.

<span class="mw-page-title-main">Presbyterianism in the United States</span>

Presbyterianism has had a presence in the United States since colonial times and has exerted an important influence over broader American religion and culture.

<span class="mw-page-title-main">Highland Park Presbyterian Church (University Park, Texas)</span> Church in Texas , USA

Highland Park Presbyterian Church is a Presbyterian church in University Park, Texas, with a Dallas post office address. In 2013, HP Pres voted to change its affiliation from Presbyterian Church (U.S.A.) to ECO: A Covenant Order of Evangelical Presbyterians.

<i>Khoo Jeffrey and others v Life Bible-Presbyterian Church and others</i>

Khoo Jeffrey and others v Life Bible-Presbyterian Church and others [2011] SGCA is a landmark case decided in 2011 by the Court of Appeal of Singapore. It is the first case in Singapore which the apex court considered the issue of a breach of a charitable purpose trusts when a religious charity is alleged to have deviated from the fundamental principles upon which it was founded.

Church property disputes in the United States arise when a disagreement amongst a church congregation or between a congregation and its national denomination results in a legal dispute over the control of the congregation's property. Litigation over the property requires conformance with the First Amendment of the United States Constitution which protects the autonomy of churches. Therefore, church property is treated differently than any other type of property by courts of law.

Christ Church Anglican (CCA) is an Anglican parish in the Thomas Square neighborhood of Savannah, Georgia. It traces its history to 1733, when Christ Church was founded as the oldest Anglican presence in Georgia. In 2006, the majority of the clergy and parishioners of Christ Church departed from the Episcopal Diocese of Georgia; in 2012, after a loss in a court case, the congregation leaving the Episcopal Church relocated and renamed itself Christ Church Anglican. It is today part of the Gulf Atlantic Diocese in the Anglican Church in North America.