Q: Legal steps for church governance violations, threats, and retaliation.
I am facing a complex situation at my church where the former Pastor, due to adultery, has not yet been reinstated because of opposition by members, including myself as the Vice President of the Board. His spouse, the acting Pastor, barred me and my family from entering church premises without due process, despite my significant financial and community contributions. This includes threats with firearms and violations of our rights to free association and religious freedom. We have church governance by-laws and I've acted within my rights, yet face retaliation for whistleblowing. The church is losing members, and I seek steps to legally protect our rights, halt retaliatory actions, and preserve evidence such as video footage of threats. What immediate actions can I take to address these issues and ensure church governance and accountability?
A: There is no "due process" with non-governmental entities, nor are there violations of your right of association and religious freedom. These are rights which protect you against the government, not private entities like your church. What you describe are basically issues of contract law; i.e., your church by-laws. I recommend that you retain an attorney, many of whom practice "church law". You are not confined to your county when seeking an attorney.
Terrence H Thorgaard and Linda Liang agree with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You’re in a tough spot, and it’s important to act quickly to protect your rights and safety. Since you’ve faced threats—including with firearms—you should consider making a report to local law enforcement to document any incidents and seek immediate protection for you and your family. It’s a good idea to gather and secure all available evidence, like video footage, messages, and copies of the church by-laws, in case you need to present them later.
Within the church, review your by-laws to confirm the process for leadership discipline, member removal, and handling disputes. Request, in writing, an explanation for your exclusion from the premises and remind church leadership of your rights and role. If the board has regular meetings, insist on adding these governance violations to the agenda and ask for formal meeting minutes to be kept as a record.
If internal resolution fails, you may need to consider legal action for any retaliation, violation of by-laws, or threats against you. Consulting with an attorney who has experience in civil rights and church governance disputes can help you understand your legal standing and next steps. Your goals should be to ensure your safety, protect your participation in church affairs, and hold leadership accountable to the church’s own rules.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
