Legal Opinion · Dissent

LaVonne Pfeil, Individually and as Trustee for Heirs of Henry Pfeil v. St. Matthews Evangelical Lutheran Church of the Unaltered Augsburg Confession of Worthington, Nobles County, Minnesota

Supreme Court of Minnesota

Decided April 6, 2016No. A14-605Published

1DissentLillehaug, Justice

Today the court creates what is, essentially, an absolute privilege to defame in “formal church discipline proceedings.” No matter how false and malicious the statement, and no matter how much the victim is damaged, there is no remedy whatsoever in Minnesota’s courts.

The United States Supreme Court’s jurisprudence on ecclesiastical abstention does not require this rule of law. Further, its categorical nature is contrary to our controlling precedent; In Odenthal v. Minnesota Conference of Seventh-Day Adventists, 649 N.W.2d 426 (Minn.2002), we established the framework for liability for torts…

2Cases cited13 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  3. Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969
  4. Jones v. WolfSupreme Court of the United States · 1979
  5. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952

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