Legal Opinion · Dissent

Banks v. St. Matthew Baptist Church

Supreme Court of South Carolina

Decided September 25, 2013No. Appellate Case No. 2011-188006; No. 27317Published

1DissentChief Justice Toal

I respectfully dissent. I would reverse the court of appeals’ decision holding that the circuit court should have exercised jurisdiction over the Trustees’ defamation claim against Brantley.

At the time of the events in question, the Trustees were members of the Board of Trustees (the Board) at the Church, an independent Baptist Church. According to its constitution, governance of the Church “is vested in the body of believers who compose it.” As a “sovereign and democratic Baptist church,” the “membership retains unto itself the exclusive right of self-government in all phases of the…

2Cases cited9 opinions

  1. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  2. Jones v. WolfSupreme Court of the United States · 1979
  3. Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity CommissionSupreme Court of the United States · 2012
  4. Reverend Arcadio Natal v. The Christian and Missionary AllianceCourt of Appeals for the First Circuit · 1989
  5. Heard v. JohnsonDistrict of Columbia Court of Appeals · 2002

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