Judicial Involvement in the Governance of Church-Operated Schools

Document Type

Article

Publication Date

1-1-1997

Abstract

Courts at various levels arc called upon to decide issues of governance within churches and church-operated schools. This article reviews four cases, two in Federal courts and two in state courts, to determine when judicial intrusion into church disputes is appropriate. The First Amendment prohibits court review of disputes involving church policy and procedure. Religious organizations establish their own rules and regulations for internal governance and discipline, and the courts must accept the decision of church tribunals on such matters. However, when a church-operated school utilizes civil instruments, such as contracts, in carrying on its work, the involvement of the court in settling disputes is appropriate. © 1997, Taylor & Francis Group, LLC. All rights reserved.

Journal Title

Journal of Research on Christian Education

Volume

6

Issue

2

First Page

261

Last Page

282

DOI

https://doi.org/10.1080/10656219709484853

First Department

Leadership

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