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The Texas Supreme Court ruled in favor of a Colleyville church Friday saying that church members involved in a traumatic exorcism that ultimately injured a young woman is protected by the First Amendment.

In a 6-3 decision, the court ruled that the Pleasant Glade Assembly of God’s efforts to cast out demons from the Laura Schubert presents an ecclesiastical dispute over religious conduct that would unconstitutionally entangle the court in church doctrine.

In a 1996 lawsuit against the church, Schubert described a wild night involving the casting out of demons from the church and two separate attempts to exorcise demons from her.

"The First Amendment guards religious liberty; it does not sanction intentional abuse in religion’s name."
Texas Supreme Court Chief Justice Wallace Jefferson
The 2002 trial of the suit never touched on the religious aspects of the case, and a Tarrant County jury found the church and its members liable for abusing and falsely imprisoning Schubert, who was 17 at the time. The jury awarded Schubert $300,000 for mental anguish, but the 2nd Court of Appeals in Fort Worth shaved $122,000 from the verdict for loss of future income.

But the church raised the question of whether the Fort Worth appeals court erred when it said Pleasant Glades’ First Amendment rights regarding freedom of religion do not prevent the church from being held liable for mental distress triggered by a "hyper-spiritualistic environment."

A majority of the court agreed, with Justice David Medina writing that while Schubert’s secular injury claims might "theoretically be tried without mentioning religion, the imposition of tort liability for engaging in religious activity to which the church members adhere would have an unconstitutional 'chilling effect’ by compelling the church to abandon core principles of its religious beliefs."

Chief Justice Wallace Jefferson was among the justices that disagreed with the majorities' ruling, and in a dissenting opinion states that a church will simply have to claim a religious motive to deny a church member from bringing a claim against it.

"This sweeping immunity is inconsistent with United States Supreme Court precedent and extends far beyond the protections our Constitution affords religious conduct," Jefferson wrote. "The First Amendment guards religious liberty; it does not sanction intentional abuse in religion’s name."

Schubert testified in 2002 that she was cut and bruised and later experienced hallucinations as a result of the church members’ actions in 1996. She also said the incident led her to mutilate herself and attempt suicide. Schubert eventually sought psychiatric help.

But the church’s attorneys told a Tarrant County jury that Schubert’s psychological problems were caused by traumatic events she witnessed while with her parents who were serving as missionaries in Africa.

The church contended Schubert had "freaked out" about following her father’s life as a missionary and that she was acting out to gain attention.

After the 2002 verdict, Pleasant Glade merged with another congregation in Colleyville and now calls itself the Colleyville Assembly of God Church.

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Comments:
Blogger CarlK said...
What a horrid decision. I hope it is appealed to Federal Court.


OpenID chuckyjesus said...
Assembly of God? I never knew God needed assembling. Man, and I thought getting my kid's bicyle together was difficult! "Insert galaxy tab A into galaxy slot B..."

I'll bet the instructions will be in Japanese, too....


Blogger John of Indiana said...
Betcha the Catholic Church is following this case very closely...
"Father X was just expressing his First Amendment Rights sexually with the Minor"


Blogger Loki Neves said...
I've met people who said they had demons in them. They are called pschitzophrenics. Some of them also claim to be a geraffe or a leprauchaun or a tree or satan or jesus I once met a man who said that he had a family of wolverinies in them. Thats all that quote un quote demons are something is wrong with there mind. Probably all the years of playing pretend at church might of trigured something. PS (Praise jewsus)


Blogger Loki Neves said...
sorry about the horrible spelling I went to a christian school LOL


Blogger WhateverLolaWants said...
Poor woman! She must have felt so unable to control her own life. Let's hope this decision is appealed.


Hmmm, and here I thought that the definition of a possession is when someones 'Free Will' is dominated by malevolent forces causing them to act 'out of character'...oh wait, thats right, according to neurochemistry/biology we really don't have a 'Free Will'anyhow - everything that we think, feel, and ultimately do is determined by our genetics/biological imperatives and the dynamic nature of everyday situations [coupled with a few other variables] - so aren't we all possessed by the world anyhow? Possessed by the world and determined by our genetics...Speaking of being determined - don't christians believe that god controls everything anyhow, including our destiny? So what gives the priest the right to undo gods work? Hypocracy I say.

I have always beleived that the 'Will' in man is like the element of fire - the fire appears to have a mind all its own, but even its path and pattern is determined by the material that it burns and the ever changing wind. [Symbolically speaking, the material in my analogy is the body, and the wind is the ever changing situtaions in ones life...]


Blogger Heretic Zero said...
She was a member of the church and potential missionary. Think of all the exorcisms she would have done in foreign countries as an ambassador of her faith! How many would she have harmed had she not had Jesus cast out of her by her own church?


Blogger Spirula said...
I enjoy the way Texas continually makes this Spongebob more commentary than fiction.

(not the best quality)


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