Posts Tagged ‘property disputes’


Michael McConnell on Church Property Disputes

When a congregation splits from a denomination, what becomes of the church property? More specifically, how have US state courts wrestled with the issue of religious property disputes while trying to preserve the autonomy of church doctrine? Prof. Michael McConnell (Stanford Law School) answers these questions in historical context. He notes how judicial decisions have changed from the traditional “English Rule” favoring hierarchical denominations over congregations, to perspectives that are less intrusive into the internal doctrine and organization of a faith, nothing that there is still a great deal of ambiguity in the law. He argues for an approach known as “strict neutral principles.”

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