Legal Opinion · Dissent

Burns Church, Inc., and Stephen Etheridge v. Alabama District Council of the Assembies of God, Inc., and Burns Assembly of God Church

Supreme Court of Alabama

Decided October 24, 2014No. 11130539Published

1DissentMoore, Chief Justice

I respectfully dissent from the Court’s decision to affirm the summary judgment in favor of the Alabama District Council of the Assemblies of God, Inc. (“the District Council”), and Burns Assembly of God Church in their action against Stephen Etheridge and Burns Church, Inc. Though this ecclesiastical dispute incidentally affects property rights, the courts of the State of Alabama lack jurisdiction to intervene in this dispute, which is based upon disparate interpretations of church governing documents and doctrine and conflicting claims of church membership. I believe that the Court should…

2Cases cited16 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. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952
  4. Maryland & Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, Inc.Supreme Court of the United States · 1970
  5. Ex Parte SmithSupreme Court of Alabama · 1983

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