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Would Legal Action Against The Church Result In Excommunication?


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Posted

Just curious if someone brought a lawsuit against the church could they be excommunicated, either before, during or after the lawsuit?

I can think up specific examples if that helps. I am really thinking generally though.

Posted

I know a man who sued the church for breach of contract. He was a member and it was an employment dispute.

He won, still in the church. Still has a leadership calling.

If the Church were to attempt disciplinary action around something like this that wouldn't that be unrighteous dominion?

Posted

If the lawsuit is legitimate then there ought to be no ecclesiastical response, as it is not a religious matter.

If the lawsuit is however an attack on the church then I can see there being some potential grounds for disciplinary action.

Posted

There is a lady in my ward who successfully sued the Church and won. Nothing ever happened to her and I can't see why it would. She doesn't hate the Church or anything like that and is as faithful as anyone else as far as I know

Posted

If I were injured at church due to a neglect of maintenance and this caused me financial hardship, and if the church refused to compensate me, I would probably sue the church. A law suite is not revenge, it is a legal avenue to negotiate terms and to come to a mutual agreement.

Posted

If I were injured at church due to a neglect of maintenance and this caused me financial hardship, and if the church refused to compensate me, I would probably sue the church. A law suite is not revenge, it is a legal avenue to negotiate terms and to come to a mutual agreement.

This lady is a chief muckamuck at the Royal-----Ballet and she tripped and broke her ankle and I don't know what all happened but she sued and won

Posted

No. I know a young man who went on a winter camp with an LDS supported troop and the young scout ended up losing his feet due to frost bite. The young man and his parents successfully sued the church. They were not active at all yet they were still members with no discipline at all.

In this case which I am very familiar with I do think the church was and would have paid for all his surgeries etc without the need to be sued.

Posted

This lady is a chief muckamuck at the Royal-----Ballet and she tripped and broke her ankle and I don't know what all happened but she sued and won

I hope she used the $$$ for dancing lessons!

Posted

The answer is simple == the bishop/stake president decides whether someone's actions would bring an excommunication trial, not "the church". Also remember that it is not simply holding a trial, but expecially in the case of an uncommon reason such as a lawsuit, it would require a consensus among the church leaders.

Also, there are probably lawyers among the leaders, and they would certainly resist such a trial except in extreme situations. I seem to remember that a son of BY was ex'd when he took the church to court over BY's estate -- separating what belonged to BY and what belonged to the church.

Posted

The actions that prompt disciplinary councils and excommunication, are specific and limited. There used to be a option for conduct unbecoming a church member, but that is no longer in the handbook. Naming the church as a party in litigation is NOT on the list. Neither is speaking ill of church leadership.

Posted

The answer is simple == the bishop/stake president decides whether someone's actions would bring an excommunication trial, not "the church".

Well, the bishop and stake president are official representatives of the Church. And since most people don't meet GAs too often, the local leaders are the "face of the Church" to them.

Posted
Neither is speaking ill of church leadership.

I thought openly criticizing Church leaders could (depending on the circumstance) result in disciplinary action?

Posted

I can see how litigation for accidents wouldn't lead to discipline.

But what if someone took the church to court for gender discrimination or, in the 60s/70s, someone had sued for racial discrimination?

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