Husband Can't Sue Over Pastor's Affair With Wife | The Legal Intelligencer:
"According to the opinion, defendant Christopher McCloskey, who at the time was the pastor of a Baptist church in Newtown called Grace Point, began an affair with Laidlaw's wife—referred to only as "Jane Doe"—after providing religious marriage counseling to the couple.
Laidlaw alleged that, as a result of that counseling, McCloskey owed him a fiduciary duty. Laidlaw testified that he had placed his trust in McCloskey as a pastor and spiritual adviser, counselor and friend.
But Rau said allowing such a claim to go forward against either McCloskey or the church would be unconstitutional under the First Amendment's deference rule.
"A jury would have to interpret religious canons and beliefs to determine whether appellant's trust in his pastor reasonably established a fiduciary duty in the context of their religion," Rau said. "Such an intrusion by the courts into religious doctrine and practice is constitutionally prohibited.""
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False doctrine, Church Growth, UOJ and anti-law (Antinomianism) go together. |