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Defamation Suit Dismissed On Ecclesiastical Abstention Doctrine

By Howard Friedman on March 13, 2022
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In Heras v. Diocese of Corpus Christie, (TX App, March 10, 2022), a Texas state appellate court affirmed the dismissal on ecclesiastical abstention grounds of defamation suits by two priests who were included on the diocese’s list of clergy who have been credibly accused of sexually abusing a minor. The court said in part:

[W]e hold appellants’ defamation suits are barred by the ecclesiastical abstention doctrine because the substance and nature of the appellants’ claims against appellees are inextricably intertwined with appellees’ internal directive for openness and transparency…. More specifically, appellants’ claims are inextricably intertwined with appellees’ decision to release the list incompliance with an internal church directive….

Photo of Howard Friedman Howard Friedman

Author of the Religion Clause blog, highlighting church-state and religious liberty developments

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