Legal Opinion · Concurrence

McGlathery v. Richardson

Court of Civil Appeals of Alabama

Decided June 2, 2006No. 2040946Published

1Concurrence

I first note that the fact that the church at issue is incorporated under Alabama law does not affect my analysis in this case.3 As our courts have stated:

"[I]t has been observed that each religious denomination has its own distinct form of government, and the courts refrain, as far as possible, from interfering when the office or function is purely ecclesiastical or spiritual. . . . To the end that church property may be the better conserved and transferred, it is provided by statute that churches may incorporate. . . . There is nothing in our decisions and the statutory provisions obtaining…

2Cases cited24 opinions

  1. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  2. Nance v. BusbyTennessee Supreme Court · 1892
  3. Abyssinia Missionary Baptist Church v. NixonSupreme Court of Alabama · 1976
  4. Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
  5. Hundley v. CollinsSupreme Court of Alabama · 1901

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