LegalNewsLine Logo  
Tuesday, February 9 2010     Subscribe in NewsGator Online
News | Contact LegalNewsline | About Us | Advertise | RSS
Enter search keyword
 
NEWSLETTER
Receive our FREE weekly newsletter
click here
LNL MOST POPULAR ARTICLES
+ Super Bowl XLIV goes on without threat of 'Who Dat' lawsuits
+ Industry groups challenge Calif. fuel standard
+ Obama vows to move ahead with health care reform
+ Ballot measure targets Calif. climate-change law
+ Illinois Supreme Court strikes down med-mal caps
LNL HOT TOPICS
+ Asbestos
+ Bankruptcy
+ Big Pharma
+ Class Action
+ Dickie Scruggs
+ Financial Crisis
+ Gasoline Prices
+ Global Warming
+ Hurricane Katrina
+ Lead Paint
+ Personal Injury
+ Sub-Prime Mortgages
State Supreme Courts 
 
Texas Supreme Court rejects exorcism lawsuit
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


COMMENTS ON THIS ARTICLE:

No comments have been posted in the last 15 days!

SEND US YOUR COMMENTS ON THIS ARTICLE:


* - Required fields

Subject: *
Message: *
Contact Name: *
Contact URL:
Contact Email: *
This Is CAPTCHA Image
Write the characters in the image above: 

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

MORE NEWS HEADLINES:
+ Arizona bill to change judge selection process appears in trouble - 2/9  
+ Neb. court upholds decision against insurance companies in cleanu... - 2/5  
+ Ky. SC: Med-mal plaintiffs better bring experts - 2/5  
+ Illinois Supreme Court strikes down med-mal caps - 2/4  
+ Chief justice's comments spark outcry - 2/3  
+ Md. high court to weigh damages cap - 2/3  
+ Illinois SC expected to release med-mal opinion - 2/2  
+ W.Va. chief justice advocates fine-tuning of appellate process - 2/2  
+ Nevada SC rules in long-running water case - 2/1  
+ Oklahoma justices reject lawsuit by Republican leaders - 1/27  


IN THE SPOTLIGHT:
Friday, February 05, 2010
LINCOLN, Neb. (Legal Newsline)-Nebraska Attorney General Jon Bruning's political star continues to rise, political observers told Legal Newsline.
Read more...


+ McCollum's outside counsel practices adopted for securities suits - 1/26
+ Democrats could have tough electoral road ahead - 1/20
+ Schwarzenegger makes tort reform a top priority - 1/6
+ South Florida the top 'Judicial Hellhole' - 12/15
+ Consol blames environmental lawsuits for W.Va. layoffs - 12/9
BROWSE BY STATE:
 
BROWSE BY AG:
 
BROWSE BY DATE:
 
LATEST LNL BLOG ENTRIES:
+ Abbott: Beware Dietary Supplement Scams and 'Miracle' Health Claims
+ Abbott's signs of a scam
+ AG McCollum on convicts in the mortgage industry
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.