Court sides with church in demon case
Texas Supreme Court says it can't decide religious doctrine in teen exorcism case.
By Chuck Lindell
AMERICAN-STATESMAN STAFF
Saturday, June 28, 2008
The Texas Supreme Court, showing continued deference to religious practice, on Friday tossed out a $188,000 judgment against members of a Pentecostal church who restrained a teenager they feared had come under demonic influence.
Laura Schubert claimed that rough handling during the hours-long 1996 incident — involving the "laying on of hands" and intensive prayer — left her disabled by post-traumatic stress disorder.
Jurors agreed, finding that Schubert, then 17, was falsely imprisoned and assaulted by a pastor, youth minister and members of Pleasant Glade Assembly of God church in suburban Fort Worth.
However, the state Supreme Court dismissed Schubert's case in a 6-3 ruling, saying her lawsuit violated the U.S. Constitution's First Amendment protections on religious expression — the latest in a string of decisions limiting judicial oversight of religious institutions and practice.
"The case, as tried, presents an ecclesiastical dispute over religious conduct that would unconstitutionally entangle the court in matters of church doctrine," said the majority opinion, written by Justice David Medina.
A dissent by Chief Justice Wallace Jefferson, joined in part by two other justices, said the Pleasant Glade decision improperly confers sweeping immunity to those who "merely allege a religious motive."
Wrote Jefferson: "The First Amendment guards religious liberty; it does not sanction intentional abuse in religion's name."
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http://www.statesman.com/news/content/news/stories/local/06/28/0628exorcism.html
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court-sides-with-church-in-demon-case/
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