EAST ST. LOUIS - Roxana Church of the Nazarene claims U.S. District Judge Stephen McGlynn lacks jurisdiction over a claim that it violated its bylaws when it terminated membership of Wood River resident William Ray Rogers.
Church counsel Laura Schrick of Belleville moved to dismiss his complaint on June 13, claiming the U.S. Constitution and the Supreme Court prohibit court review.
She claimed theological controversy, discipline, government, and conformity of members to a standard of morals are purely ecclesiastical in character.
“Because the Church’s decision is purely ecclesiastical in character, the civil courts must accept that decision as binding," she wrote.
Rogers sued the church at Madison County circuit court in April, without counsel, seeking a declaration to void the church’s action.
He sought a declaration barring the church from instituting any proceedings except in compliance with its bylaws.
“The bylaws of the church set forth how to expel a member and for what reasons,” he wrote.
He claimed he was an intended beneficiary of this written agreement.
He claimed the church sought to expel him based on lawful political action off premises.
He claimed the church failed to allow him to have a representative at a hearing or provide a member to zealously argue for him.
“Plaintiff is suffering irreparable harm as a result,” he wrote.
On June 6 Schrick removed the complaint to district court as a constitutional matter.
She followed up a week later with the motion to dismiss, claiming procedural rules allow courts to dispense with discovery and fact finding by eliminating baseless claims.
She claimed religious controversies are not a proper subject of civil court inquiry and a civil court must accept ecclesiastical decisions of church tribunals as it finds them.
She claimed the Supreme Court consistently affirmed that the Constitution grants religious organizations power to decide matters free from state interference.
She cited an opinion of 11th Circuit appellate judges from 2018, stating determination of membership is one of doctrine, faith, custom, and governance.
She quoted their statement that defining membership for a specific church or denomination is to define the very core of what the religious body as a whole believes.
McGlynn directed Rogers to respond by July 15.