law-religion | churches
TEXAS SUPREME COURT DECISION RELATING TO RELIGION |
CHURCHES AS PARTIES
RELIGIOUS FREEDOM RESTORATION ACT GIVEN TEETH IN NIMBY DISPUTE
Barr v. City of Sinton, No. 06-0074 (Tex. Jun. 19, 2009)(Hecht) (Texas Religious Freedom Restoration
Act(TRFRA) enforced in local NIMBY dispute over halfway house for former prisoners run by pastor)
PASTOR RICK BARR AND PHILEMON HOMES, INC. v. CITY OF SINTON; from San Patricio County; 13th
district (13-03-00727-CV, ___ SW3d ___, 11-23-05)
motion to take judicial notice granted
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Hecht delivered the opinion of the Court.
Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. June 27, 2008) (Majority Opinion
by Justice Medina) (con law, first amendment freedom of religion clause, exorcism of demons, intentional
tort claim by church member for mental anguish damages barred by church's religious doctrine immunity,
estoppel claim rejected)
PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY
LINZAY, SANDRA SMITH, BECKY BICKEL, AND PAUL PATTERSON v. LAURA SCHUBERT; from Tarrant
County; 2nd district (02-02-00264-CV, 174 SW3d 388, 09-15-05)
3 petitions | motion to strike denied
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Medina delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Brister, and Justice Willett joined.
Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green joined, and in Parts II-A, III,
and IV of which Justice Johnson joined.
Justice Green delivered a dissenting opinion.
Justice Johnson delivered a dissenting opinion.