Legal Opinion · Dissent

Pleasant Glade Assembly of God v. Schubert

Texas Supreme Court

Decided June 27, 2008No. 05-0916Published

1Dissent

Chief Justice JEFFERSON,

joined by Justice GREEN, and by Justice JOHNSON as to Parts II-A, III, and IV, dissenting.

After today, a tortfeasor need merely allege a religious motive to deprive a Texas court of jurisdiction to compensate his fellow congregant for emotional damages. This sweeping immunity is inconsistent with United States Supreme Court precedent and extends far beyond the protections our Constitution affords religious conduct. The First Amendment guards religious liberty; it does not sanction intentional abuse in religion’s name. Because the Court’s holding precludes recovery of…

2Cases cited29 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Sherbert v. VernerSupreme Court of the United States · 1963
  4. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  5. City of Boerne v. FloresSupreme Court of the United States · 1997

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