eNotes: Liability – November 2024 – Virginia

SIGNIFICANT CASE SUMMARIES

Virginia Case Summary

The Episcopal Diocese of S. Va. v. Marshall
Virginia Court of Appeals
No. 1955-23-2

Decided: July 16, 2024

Defamation claims which are inextricably intertwined with a religious institution’s governance are barred by first amendment protections.

Background

This matter centers around statements made by a Bishop about a priest in the Episcopal Church. In 2022, a female church employee initiated a Complaint against the priest. The Complaint stemmed from the priest’s actions, which the employee viewed as inappropriate, but did not include allegations of inappropriate sexual touching. A member of the Dioceses investigated the allegations and delivered a report to Bishop Hayes. Bishop Hayes later addressed the congregation regarding the investigation and stated, among other things, that “there were verbal behaviors and physical behaviors that crossed the line of what is appropriate between a priest and a parishioner or staff person.” Later, the priest was removed from his position. The priest sued for defamation the Bishop – both in her official capacity in the church and as an individual, the Episcopal Church, and the Episcopal Diocese of Southern Virginia.

All three Defendants filed pleas in bar, invoking the doctrine of “ecclesiastical abstention.” Ecclesiastical abstention doctrine protects religious institutions’ “autonomy with respect to internal management decisions that are essential to the institution’s central mission.” In other words, it prevents civil courts from resolving disputes that are innately rooted in faith or religious doctrine. The Trial Court sustained the pleas in bar, except in regard to Defendant Hayes. The Trial Court found that Plaintiffs’ defamation per se count could be resolved without a civil court interfering with religious matters. However, the Trial Court granted Defendant Hayes’ Motion for an interlocutory appeal, staying further proceedings pending resolution of this matter.

Holding

Ecclesiastical abstention is rooted in First Amendment constitutional protections, as well as religious liberty protections found in the Constitution of Virginia. Case law has established that civil courts should not decide ecclesiastical questions and that churches have a First Amendment right to be free from state interference in their internal affairs. Still, a secular court may adjudicate controversies arising in religious settings if it can do so based on “neutral principles of law” that are “completely secular in operation.” Here, the Court found that the statements at issue in this matter cannot be evaluated by civil courts. Civil courts are barred from examining whether a church has followed its own procedures. Civil courts are also barred from evaluating the conformity of the members of the church to the standard of morals required of them.

Questions about this case can be directed to Nicolette DeFrank at (571) 470-0395 or ndefrank@tthlaw.com.