Banks v. St. Matthew Baptist Church
Supreme Court of South Carolina
1Opinion of the CourtJustice Hearn
In this case we must decide whether a pastor may use the First Amendment’s Free Exercise Clause to shield him from tort liability for allegedly defamatory statements he made about the church’s trustees at a congregational meeting. While the pastor acknowledges the non-religious nature of his statements, he contends the setting in which they were made and their relationship to church governance places the trustees’ defamation claim outside the jurisdiction of civil courts under the First Amendment. The circuit court dismissed the claim, and the court of appeals reversed. We hold the circuit…
2Cases cited6 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952
- Erickson v. Jones Street Publishers, LLCSupreme Court of South Carolina · 2006
- All Saints Parish Waccamaw v. Protestant Episcopal Church in DioceseSupreme Court of South Carolina · 2009
- Pearson v. Church of GodSupreme Court of South Carolina · 1996
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3Cited by5 opinions
- 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, MinnesotaSupreme Court of Minnesota · 2016
- 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, MinnesotaSupreme Court of Minnesota · 2016
- Protestant Episcopal Church in the Diocese of South Carolina v. Episcopal ChurchSupreme Court of South Carolina · 2017
- Warnick v. All Saints Episcopal Church, Pennsylvania Court of Common Pleas, Philadelphia County2014
- in Re Diocese of LubbockTexas Supreme Court · 2021