LegalNewsLine Logo  
Wednesday, February 8 2012 Twitter  feedburner  yahoo  Subscribe in NewsGator Online
News | Contact LegalNewsline | About Us | Advertise | RSS
Enter search keyword
 
clear
clear
NEWSLETTER
Receive our FREE weekly newsletter
click here
Today's Offers:

LNL MOST POPULAR ARTICLES
+ Hood critical of bill that would allow officials to hire outside attorneys
+ Study shows plaintiff bias in Philly courts
+ Man, startled by bottle rocket shot out of anus, sues frat
+ Real estate agent, mortgage broker found guilty of fraud
+ Coakley, Cuccinelli to debate health care law
LNL HOT TOPICS
+ Asbestos
+ Big Pharma
+ BP Oil Spill
+ Class Action
+ Dickie Scruggs
+ Federal Government
+ Financial Crisis
+ Global Warming
+ Hurricane Katrina
+ Lead Paint
+ Sub-Prime Mortgages
+ Tobacco
State Supreme Courts 
story date  
Texas Supreme Court rejects exorcism lawsuit
medina.jpg
Justice David Medina
AUSTIN, Texas (Legal Newsline) - The Texas Supreme Court on Friday rejected a jury award over injuries a 17-year-old girl suffered in an exorcism conducted by members of the church she attended.

The justices ruled that the exorcism was a matter of church doctrine and subject to certain First Amendment religious protections, and thus the case would "unconstitutionally entangle the court in matters of church doctrine."

In its 6-3 decision, the high court ruled that a lower court erred when it said the Pleasant Glade Assembly of God's First Amendment rights regarding freedom of religion did not prevent the church from being held liable for mental distress brought on by a "hyper-spiritualistic environment."

Laura Schubert sued the Colleyville, Texas, church in 2002, claiming she was cut and bruised and later experienced hallucinations after the church members performed an exorcism on her in 1996, when she was 17.

Attorneys for the church said her psychological problems were triggered by traumatic events she witnessed with her missionary parents in Africa.

The church also claimed Schubert was acting out to gain attention.

In 2002, a Tarrant County jury found the church and its members liable for abusing and falsely imprisoning the girl.

The jury awarded her $300,000. The 2nd Court of Appeals later reduced the verdict to $188,000.

In the high court's majority opinion, Justice David Medina wrote that finding the church liable "would have an unconstitutional 'chilling effect' by compelling the church to abandon core principles of its religious beliefs."

The court ruling added: "We do not mean to imply that 'under the cloak of religion, persons may, with impunity,' commit intentional torts upon their religious adherents."

Chief Justice Wallace Jefferson dissented. He said providing the church immunity goes against U.S. Supreme Court precedent and is far beyond constitutional protections for religious conduct.

"The First Amendment guards religious liberty; it does not sanction intentional abuse in religion's name," Jefferson wrote.

From Legal Newsline: Reach reporter Chris Rizo by e-mail at chrisrizo@legalnewsline.com.

Filed Under: State Supreme Courts

E-mail this article to a friend | Printer friendly format

MORE NEWS HEADLINES:
+ Pa. SC won't meddle with Philly forum-shopping - 2/2   read more
+ D.C. high court tackles government contacts principle - 2/2   read more
+ Conn. SC: Physician's opinion in med mal case detailed enough - 2/1   read more
+ Ark. SC rules clerk's signature on summons was valid - 2/1   read more
+ Miss. SC reverses part of decision in underwriting case - 2/1   read more
+ Mo. SC upholds cap on punitive damages - 1/31   read more
+ Del. SC says firm's fee must be deducted before lien - 1/31   read more
+ Md. high court: Allergy is a handicap - 1/31   read more
+ Mich. SC: Judge fixed traffic tickets - 1/31   read more
+ Ark. SC dismisses state lottery appeal over trademarks - 1/27   read more


IN THE SPOTLIGHT:
garrett.jpg
Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
BROWSE BY STATE:
 
BROWSE BY AG:
 
BROWSE BY DATE:
 
NEWS WIDGET:
Attention bloggers:
Add Record Headlines to your site!


fast + free- click here
NEWS | CONTACT LEGALNEWSLINE | ABOUT US | ADVERTISE | RSS © 2008 LegalNewsLine.com. All Rights Reserved.