To: shibumi
I believe you are correct in certain aspects, but there is one major problem: One party sued. Ecclesiatic autonomy is for matters internal to the church, that would prevent issues going before the state. The biblical principle (and thus has founded itself in US laws), comes from 1 Cor 6:1-8. The context used by Christians, is that it is a shame to bring a matter between two brothers, into the courts of lost people; in the world system. Therefore, once a case is brought before the courts, one party has decided not to use the internal procedures. At that point, the laws of the land kick in; and the only valid evidences are (1) the by-laws, (2) the constitution of the organization, and (3) the testimony of each witness. Then the state and local laws are applied to settle the dispute. The judge ruled incorrectly. Good discussion.
18 posted on
03/23/2011 7:41:33 PM PDT by
Salvavida
(The restoration of the U.S.A. starts with filling the pews at every Bible-believing church.)
To: Salvavida
Then the state and local laws are applied to settle the dispute. The judge ruled incorrectly. Not if one thinks of this as a contract dispute and, of course, an enforceable arbitration agreement is a contract. Now, if court had determined the parties did not have an enforceable contract it would have looked elsewhere for guidance.
20 posted on
03/23/2011 8:08:52 PM PDT by
frog in a pot
(We need a working definition of "domestic enemies" if the oath of office is to have meaning.)
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