Guinn v. Church of Christ of Collinsville

ALMA WILSON, Justice,

dissenting in part and concurring in part:

Prefatory Statement

When the question arises whether the right of one to express or refrain from religiously motivated conduct is paramount to the right of another to express *790 or refrain from religiously motivated conduct, the answer is not that one right is more valued than the other, but that each person’s right extends to, but cannot intrude upon, the right of the other to freely pursue any religion, or none at all. The Constitutional guarantee of individual freedom of choice in religious worship is inviolate.

I

The First Amendment to the Constitution of the United States of America provides:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

This provision of the Constitution creates two very different protections. The “establishment clause” guarantees the government will neither establish nor aid religion; whereas the “free exercise clause” guarantees the government will not prevent us from freely pursuing any religion we choose — or none at all. Molko v. Holy Spirit Association for the Unification of World Christianity, 46 Cal.3d 1092 , 252 Cal.Rptr. 122 , 762 P.2d 46 (1988). Thus, while the establishment clause concerns freedom from a state imposed religion, such as the colonists journeyed to America to escape, the free exercise clause concerns individual citizen’s freedom of choice in worship.

In the present case, the dilemma posed involves the competing rights of two parties who are each entitled to the same First Amendment protection. On the one hand, if the state, acting through the judicial arm of government does not protect the plaintiff’s First Amendment Freedom to choose not to submit to religious infringement, pursuant to the Free Exercise Clause, the court in effect has aided the establishment of the defendant church in derogation of the Establishment Clause. On the other hand, the defendant church also demands state protection of its First Amendment right pursuant to the Free Exercise Clause. I agree that Government action burdening religious conduct is subject to a balancing test, in which the importance of the state’s interest is weighed against the severity of the burden imposed on religion. Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972). However, a First Amendment interest of one party cannot be judicially deemed paramount to the same First Amendment right of the other party. The state has an equally valid interest in protecting both. The preferred position given freedom of religion by the First Amendment is not limited to any particular religious group or to any particular type of religion, but applies to all. United States v. Ballard, 322 U.S. 78 , 64 S.Ct. 882 , 88 L.Ed. 1148 (1944).

II

As the Free Exercise Clause of the First Amendment applies where an individual has been deprived of the ability to freely choose whether or not he or she will submit or adhere to religious doctrinal discipline and/or commands, civil redress must be available in such instances if the constitutional guarantee is to be given meaning. I am, accordingly, of the view that the gravamen of the present case resolves upon the plaintiff’s constitutional freedom to pursue any religion, which includes her freedom not to pursue any particular religion, as well as her constitutionally protected fundamental right to privacy.

This case does not involve doctrinal interpretation, ecclesiastical inquisition, or jurisdictional disputes concerning questions of religious belief. Although I am in full accord with the majority as to the sanctity of these precepts from judicial review, I disagree that the gravamen of this case rests upon these tenets. Therefore, the majority’s detailed discussion of the character of the plaintiff’s transgression is irrelevant for two reasons: First, the parties have stipulated to the plaintiff’s breach of the church moral code rendering the issue moot; and Secondly, judicial treatment of the character of the transgression is tantamount to ecclesiastical inquisition, i.e., the *791 conduct of the plaintiff is irrelevant. What is relevant is that which forms the basis of this suit — the conduct of the defendants; whether or not such conduct (not belief) is actionable; and if so, the permissible damages therefor.

Ill

I further dissent to that part of the majority opinion which mandates that a formal written statement of withdrawal of church membership is prerequisite to accomplish civil recognition of the full pre-numbra of an individual’s rights and liberties following induction into a religious organization. Rather, I concur with that portion of the trial court’s instruction to the jury which states that under the law, the plaintiff had the right to terminate her membership within the church upon communication of that fact to an authorized representative of the church, at any time. The form of the communication is not limited to written or explicit resignation. A present, unequivocal and clear expression — either by oral or written word, or otherwise — that such individual rejects the doctrine and declines further intervention by the church is sufficient. The absence of a written statement of withdrawal should not necessarily bind an unwilling adherant to aggressive incursions (as .opposed to passive disassociation) by third parties based upon a doctrine which he or she no longer believes in nor practices voluntarily.

The record in this respect reveals that at the time of the so called “driveway incident”, the plaintiff clearly communicated to the elders that she wanted them to leave her alone; that she would not go before the congregation to publicly repent; that she asked them to leave; that they refused to leave for some time thereafter; and that they told her they would nevertheless publicize her transgression. In my opinion, by her words and conduct, the plaintiff at that time clearly and unequivocally rejected the religious doctrine sought to be imposed by the elders and declined any further religiously motivated intervention. Though I do not question the sincerity of the elders belief in carrying out what they obviously perceived to be their religious mandate, their conduct went beyond the scope of protection contemplated by the First Amendment when it intruded upon the plaintiff’s co-existing First Amendment right to religious freedom of choice.

IV

In a nation which has as one of its cornerstones individual religious liberty — freedom to choose to practice or not to practice a religion must be given a broad sphere within which to operate, as the nature of religious belief requires spiritual rather than material or legal interpretation. Thus, religious belief is absolutely immune from legal scrutiny, albeit, conduct, however well intentioned, cannot enjoy absolute immunity where such conduct abridges and impinges the constitutional and fundamental rights of others. Wisconsin v. Yoder, supra; Nolly v. Grace Community Church of the Valley, 157 Cal.App.3d 912 , 204 Cal.Rptr. 303 , 304 (1984). It is my opinion that the First Amendment guarantee that all individual citizens of the United States shall be free from interference in choosing to practice or not to practice a particular religion; the traditional interest of parents with respect to the religious upbringing of their children; and the right to privacy in personal and familial matters constitute such fundamental rights. Consequently, the state cannot through judicial action or inaction contributorily foster the “establishment” of any church organization in disregard of a citizen’s inviolate freedom of choice in these matters.

V

Neither may the state, through judicial action or inaction, disregard the rights of the members of a church organization. In this respect, I am of the opinion that the trial court’s submission of the issue of punitive damages to the jury was in error. From my reading of the trial transcript, I find no evidence upon which to base a punitive damage award, therefore, the trial court should have -directed a verdict for the defendant church on this issue under this evidence. In First Amendment religious *792 freedom cases punitive damages may not be imposed upon defendants unless evidence of actual or implied malice is tendered to support the claim. Malice may not be presumed because to do so would emasculate the rule in First Amendment cases that any redress, if permitted, must be the least burdensome possible. Wisconsin v. Yoder, supra. The standard by which this mens rea element must be measured is whether the conduct of the defendant exceeded the scope of the doctrinal tenets of the church.

YI

Finally, I must state that although I agree that this case must be remanded, and partially concur in the the statements of law therein, I dissent to the majority’s characterization of the legal issues and the law as applied to the specific facts of this case. I further must take issue with the jury verdict forms in this case. The forms give the impression of a multiple choice questionnaire, which provides no clear answer. They are confusing and impermissi-bly inspecific, in my opinion. Upon remand, this should be corrected by the trial judge.

For the reasons stated herein, I concur in part and dissent in part to the opinion of the majority.

I have been authorized to state that DOOLIN, J., concurs in that part of opinion by ALMA WILSON, J., that is not inconsistent with the majority opinion.