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Religious Freedom in Texas protects assaulting one’s fellow believers

December 30th, 2008 @ 6:21 pm - by NMC · 3 Comments

An exorcism went wrong at a Pentacostal church in Texas.  The girl who was the subject of the exorcism sued the church, saying she’d been kidnapped and assaulted. The Texas Court of Appeals halved her six-figure judgment, but on further appeal, the Texas Supreme Court ruled that when assault and kidnapping are all part of an, um, belief system, the First Amendment doesn’t allow the courts to interfere:

The “laying of hands” and the presence of demons are part of the church’s belief system and accepted as such by its adherents. These practices are not normally dangerous or unusual and apparently arise in the church with some regularity. They are thus to be expected and are accepted by those in the church. That a particular member may find the practice emotionally disturbing and non-consensual when applied to her does not transform the dispute into a secular matter.

I’m so glad there aren’t Aztecs roaming the land, picking out select members of their congregation to sacrifice and cook into a communal porridge.

I’m also pleased to report that the plaintiff’s lawyers have petitioned to the United States Supreme Court for certiorari to change this bizzaro result.

h/t Overlawyered and the Texas Supreme Court blog (here and here).

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Filed Under: Herald & Examiner

3 Responses so far ↓

  1. lotus says:

    (jaw drops)

  2. a friend of the law says:

    Lord have mercy, I feel sanctified.

  3. Ben Cole says:

    Those must be judges appointed by former-Gov GWB.