Thursday, March 24, 2011

Islamic Law and the Florida Judge - A False Controversy?

I very much suspect it is andthe Judge seems to be operating properly here.

As a general matter Courts try to avoid Church property disputes and leadership question for very good obvious reasons.

“First Amendment values are plainly jeopardized when church property litigation is
made to turn on the resolution by civil courts of controversies over religious doctrine
and practice. If civil courts undertake to resolve such controversies in order to
adjudicate the property dispute, the hazards are ever present of inhibiting the free
development of religious doctrine and of implicating secular interests in matters of
purely ecclesiastical concern.”
Serbian E. Orthodox Diocese v. Milivojevich, 426 U.S. 696, 709-10 (1976); see also Watson
v. Jones, 80 U.S. 679, 728-29 (1872).

For a review of cases that deal with this a very recent case dealing with Episcopal Church Property disputes describes the two tests Courts are allowed to use . See Masterson v. The Diocese of Northwest Texas for that

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