Venue: | FL SC |
Facts: | Kids are molested by a priest. |
Posture: | Suit against church defendants on a negligent hiring/retention/supervision theory. Defendants move to dismiss. |
Issue: | Does resolving this claim violate 1A because church hiring decisions are matters of canon law, and therefore internal ecclesiastical matters? |
Holding: | No. |
Rule: | First we ask if the conduct sought to be regulated is rooted in religious belief; then we determine whether the regulating law is neutral both on its face an din its purpose. |
Reasoning: | The state can regulate conduct through neutral laws of general applicability. Intrachurch disputes are different from disputes between churches and third parties. The tort in question wasn't governed by religious beliefs. |
Dicta: | These religious organizations do a lot of good; the cost of defending
these suits will detract from their efforts.
But lots of these organizations are insured. We're getting into ecclesiastical matters here, and we're going to regret it. |