http://www.star-telegram.com/news/story/153404.html Friday, Jun 29, 2007 Posted on Fri, Jun. 29, 2007
Court says woman can't sue minister
By MAX B. BAKER
[email protected] The Texas Supreme Court ruled Friday that a woman should not be allowed to sue her minister after he divulged details from her marriage counseling sessions to his congregation, saying it would unnecessarily entangle the courts in religious matters.
In a unanimous decision, the court tossed out a lawsuit by Peggy Penley against the Rev. C.L. “Buddy” Westbrook, pastor of CrossLand Community Bible Church in Fort Worth. Penley sued Westbrook for defamation after he talked to church elders about her failing marriage, which led to to an open letter that was distributed to the congregation as part of a disciplinary action.
Penley argued that Westbrook revealed to his congregation information he had received during group sessions where he was acting as a professional counselor for her and her now ex-husband. Church members used that information to “shun” her for her behavior.
Justice Harriet O’Neill wrote that “parsing those roles” -- confidentiality as counselor, obligation as pastor -- for purposes of determining civil liability where health and safety are not an issue would unconstitutionally entangle the court in church governance and impinge on core religious functions.
“Churches have a fundamental right to ‘decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine,’ ” O’Neill wrote for the court. “It is a core tenent of First Amendment jurisprudence that, in resolving civil claims, courts must be careful not to intrude upon internal matters of church governance.”
Attorneys from the Liberty Legal Liberty Institute, a nonprofit organization that defends religious freedoms, praised the court’s action.
“This is a great victory for pastors across Texas,” said Kelly Shackelford, chief counsel at the institute.
Darrell Keith, the attorney for Penley, could not be reached for comment.
Penley and her husband, Benjamin Stone, were members of Westbrook’s church when it opened in 1999. Westbrook, as their pastor, had touted his training as a professional counselor, according to court documents.
The couple had been to Westbrook previously for counseling. Although they were separated, they returned to Westbrook for help, and he quickly involved them in group counseling sessions with other members. They talked about marriage in the context of their faith.
In October 2000, Penley told Westbrook that she intended to divorce her husband, and Westbrook recommended an attorney.
She also resigned her membership in the church because its bylaws set forth procedures that would allow the congregation to discipline her and others for inappropriate behavior.
Despite her resignation, Westbrook met with church elders and later distributed a letter about Penley’s decision to get a divorce. The letter said she was involved with another man, although it didn’t go into detail about the nature of their relationship.
It also said that Penley declined to “listen” in a way that would lead to “repentance.” The letter urged church members to shun Penley as part of a “tough love” approach to get her to see the error of her ways.
Penley and Stone were divorced in March 2001.
But Penley, who married the other man, said she was stunned by the actions of Westbrook and the congregation. She sued, challenging Westbrook’s actions as a counselor under the Texas Licensed Professional Counselor Act.
A lower court judge tossed out Penley’s case after Westbrook’s attorneys argued that she was disciplined within the rules of the church. The 2nd Court of Appeals in Fort Worth disagreed and said that Penley had a right to take her case to court.
The Supreme Court, however, held that a church’s decisions to discipline members for conduct considered outside the church’s moral code is an inherently religious function in which the courts should not interfere.
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The Watchtower Elders will rejoice...and so will their wives. I hope JW's will think twice before "confessing" anything.