Taylor v. Paradise Missionary Baptist Church
Decision Date | 28 July 2017 |
Docket Number | 1160034 |
Citation | 242 So.3d 979 |
Parties | Charles Brookins TAYLOR et al. v. PARADISE MISSIONARY BAPTIST CHURCH et al. |
Court | Alabama Supreme Court |
John W. Thompson II of Thompson, Thompson & Winters, Butler, for appellant Charles Brookins Taylor.
J. Perry Newton and J. Blane Dolbare of Newton & Dolbare, P.C., Butler, for appellees.
Charles Brookins Taylor and others identified later in this opinion appeal from an order of the Choctaw Circuit Court holding that Taylor was rightfully removed as the pastor of the Paradise Missionary Baptist Church ("PMBC").
PMBC was organized in 1993 by Lenora Ray, her late husband Harding Ray, and Thelma Taylor. The members of PMBC initially held church services in Lenora's home until the church acquired property at 1106 East Pushmataha Street in Butler. A $20,000 gift to PMBC by Lenora and her late husband made it possible for the church to acquire the property. PMBC has, since its inception, been affiliated with the Gilfield District Missionary Baptist Association, the Alabama State Missionary Baptist Convention, and the National Baptist Convention. Although PMBC is affiliated with those entities, they do not control PMBC; it remains, as described in the church's bylaws, a "self-determining-autonomous body under the Lordship of Jesus Christ." Charles Brookins Taylor, Thelma's brother, became the pastor at PMBC in 2007.
On August 18, 2010, the members of the congregation of PMBC decided to organize PMBC as a domestic nonprofit corporation pursuant to § 501(c)(3) of the Internal Revenue Code. Also on August 18, 2010, the members of PMBC voted to adopt bylaws. Article 3 of the bylaws sets forth PMBC's purpose as being "to advance the Kingdom of Jesus Christ." Article 4 of the bylaws sets forth PMBC's mission statement: Article 6 provides that PMBC is a "self-determining-autonomous body under the Lordship of Jesus Christ," the government of which "is vested in the body of the believers who compose it," and that it is "subject to the control of no other ecclesiastical body." Article 7 of the bylaws states that "PMBC receives the Scriptures as its authority in matters of church and practice." Matters of church discipline are found in Article 9. Article 9.02 provides:
Article 9.04 provides:
Article 11 of the bylaws addresses PMBC's leadership and states that Article 12 provides that the pastor of PMBC is an ecclesiastical officer of the church. Finally, Article 14 of the bylaws addresses the dismissal of the pastor:
By 2012, PMBC's membership of 16 persons had fractured into 2 groups. It is alleged that the congregation had become dissatisfied with Taylor's service as pastor at PMBC and that Taylor and his close relatives had "started taking over the church" and were behaving in such a way as to have "forced other members from attending church." Taylor headed one group of eight church members, and Lenora, a church trustee, headed the other group of eight church members.
On July 20, 2012, Lenora sent Taylor a letter by certified mail informing him of a specially called meeting to be held at PMBC on August 28, 2012. The letter requested Taylor's attendance at the meeting and indicated that the purpose of the meeting was to decide the issue of Taylor's continued service as pastor at PMBC. The letter gave no "specifications of the charge(s) alleged" against Taylor. It appears from the record that Taylor refused service of this certified letter on three occasions.
In the meantime, a special meeting of PMBC was convened on August 5, 2012, by Taylor's eight-member group. Taylor presided over this meeting and stated that Lenora had not attended any church services since July 8, 2012, and had performed acts that prevented other members and friends from conducting religious services at PMBC. Carolyn G. Taylor, the chairman of the PMBC Board of Trustees ("the Board") and Taylor's wife, moved to seek a restraining order against Lenora to prevent her from attempting to keep Taylor and the members from entering the PMBC or engaging in any other action designed to prevent Taylor and the members present at the meeting from exercising their right to worship at PMBC.
Also at this special meeting, Thelma, a founder and former trustee of PMBC, moved to have Lenora removed as a trustee of PMBC and to nominate Rose E. Taylor—a sister of Taylor's and the clerk of PMBC—as a trustee to the Board. Finally, Thelma moved those members present to approve by a vote of affirmation Taylor's continued service as the pastor of PMBC. Each of these actions was approved by a unanimous vote of those present.
On August 28, 2012, a "mutual" council met with PMBC. The council's purpose was to serve as an advisory body for PMBC and consisted of the following representatives: Reverend Pettus L. Lockett of the Kinterbish District Baptist Association ("the Kinterbish association"); Reverend Theodis McSwain of the Gilfield District Missionary Baptist Association ("the Gilfield association"); and Reverend Jasper Irby of the Gilfield association. Taylor did not attend this meeting. Reverend Lockett expressed his "sadness" that Taylor was absent, having been afforded the opportunity to "vindicate himself of the charges forwarded by the church." The council advised PMBC to "strive to restore harmony" and suggested a seven-day restoration period. Although the council had advised PMBC to "strive to restore harmony" and suggested a restoration period, it appears from the church minutes1 that five members of PMBC present at this meeting voted to dismiss Taylor. Taylor was informed of the...
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Ex parte Alabama-West Fla. Conference of the United Methodist Church
...of the First Amendment prohibit civil courts from adjudicating ecclesiastical issues. See Taylor v. Paradise Missionary Baptist Church, 242 So.3d 979, 986 (Ala. 2017); Murphy v. Green, 794 So.2d 325, 330 (Ala. 2000). However, this Court has repeatedly "recognized the right and duty of civil......
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