• Key point. It is the view of some courts that members of a “congregational” church have no legal right to sue their church for exclusion from membership.

The Supreme Court of Georgia ruled that members of a “congregational” church could not challenge their expulsion in civil court since membership in such a church is not a property right. A church dismissed certain members, and these individuals later sued the church’s board members claiming that their dismissal was improper. The court, in dismissing the lawsuit, observed:

[C]ivil courts have no jurisdiction to inquire into and to control the acts of the governing authority of a religious organization undertaken with reference to its internal affairs. It is undisputed that [the church] has a congregational form of government. Membership in a congregational church is not a property right. Since membership in [such a church] is not a property right, the validity of the exclusion of the members of [the church] from membership … is conclusive upon the civil courts, whether in the opinion of the judges of those courts, the decision appears to be right or wrong. Anderson v. Dowd, 485 S.E.2d 764 (Ga. 1997). [ Discipline and Dismissal of Church Members]

© Copyright 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m19 m16 c0298