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13 Illinois opinions name it 2 courts 2005–2024 4 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Duncan v. Petersongreen2 sentences2022See Rehfield, 2021 IL 125656, ¶ 37 . ¶ 14 “The ecclesiastical abstention doctrine provides that ‘civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, court must accept as given whatever the religious entity decides.’ ” Id. ¶ 39 (quoting Duncan v. Peterson, 408 Ill. 2021See In re N.G., 2018 IL 121939, ¶ 41 . - 11 - ¶ 38 A. Ecclesiastical Abstention ¶ 39 The ecclesiastical abstention doctrine provides that “civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, courts must accept as given whatever the religious entity decides.” Duncan v. Peterson, 408 Ill. | 4 | 4 |
Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevichgreen2 sentences2008Plaintiffs contend that the court erred in dismissing their complaint, because they stated property claims not subject to the ecclesiastical abstention doctrine (see Serbian Eastern Orthodox Diocese for the United States of America & Canada v. Milivojevich, 426 U.S. 696 , 49 L. 2008Plaintiffs contend that the court erred in dismissing their complaint, because they stated property claims not subject to the ecclesiastical abstention doctrine (see Serbian Eastern Orthodox Diocese for the United States of America & Canada v. Milivojevich, 426 U.S. 696 , 49 L. | 2 | 6 |
Bruss v. Przybylogreen2 sentences2024See Bruss v. Przybylo, 385 Ill. 2020Bruss v. Przybylo, 385 Ill. | 2 | 4 |
Duncan v. Petersongreen2 sentences2010See Duncan v. Peterson, 359 Ill. 2010See Duncan v. Peterson, 359 Ill. | 2 | 2 |
Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian Churchgreen2 sentences2008See Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 449 , 21 L. 2008See Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 449 , 21 L. | 2 | 2 |
Village of Roselle v. Commonwealth Edison Co.green2 sentences2008Village of Roselle, 368 Ill. 2008Village of Roselle, 368 Ill. | 2 | 2 |
Abrams v. Watchtower Bible & Tract Society of New York, Inc.green2 sentences2005"The first amendment to the Constitution of the United States [citation] bars any secular court from involving itself in the ecclesiastical controversies that may arise in a religious body or organization." Abrams v. Watchtower Bible & Tract Society of New York, Inc. , 306 Ill. 2005“The first amendment to the Constitution of the United States [citation] bars any secular court from involving itself in the ecclesiastical controversies that may arise in a religious body or organization.” Abrams v. Watchtower Bible & Tract Society of New York, Inc., 306 Ill. | 2 | 2 |
Rehfield v. Diocese of Jolietgreen2 sentences2022See Rehfield, 2021 IL 125656, ¶ 37 . ¶ 14 “The ecclesiastical abstention doctrine provides that ‘civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, court must accept as given whatever the religious entity decides.’ ” Id. ¶ 39 (quoting Duncan v. Peterson, 408 Ill. 2022See Rehfield, 2021 IL 125656, ¶ 37 . ¶ 14 “The ecclesiastical abstention doctrine provides that ‘civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, court must accept as given whatever the religious entity decides.’ ” Id. ¶ 39 (quoting Duncan v. Peterson, 408 Ill. | 1 | 1 |
Kirby v. Lexington Theological Seminarygreen1 sentence2021This principle underlies what the federal courts have dubbed the “ministerial exception.” ¶ 46 “The ministerial exception is best understood as a narrow, more focused subsidiary of the ecclesiastical abstention doctrine ***.” Kirby v. Lexington Theological Seminary, 426 S.W.3d 597, 604 (Ky. 2014). | 1 | 1 |
People v. Floyd F. (In Re N.G.)green1 sentence2021See In re N.G., 2018 IL 121939, ¶ 41 . - 11 - ¶ 38 A. Ecclesiastical Abstention ¶ 39 The ecclesiastical abstention doctrine provides that “civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, courts must accept as given whatever the religious entity decides.” Duncan v. Peterson, 408 Ill. | 1 | 1 |
Ralph L. Minker v. Baltimore Annual Conference of United Methodist Church and Bishop Joseph A. Yeakelgreen1 sentence2020See Minker v. Baltimore Annual Conference of United Methodist Church, 894 F.2d 1354, 1360 (D.C. | 1 | 1 |
Society of Jesus v. Commonwealthgreen2 sentences2009See also Society of Jesus of New England v. Commonwealth, 441 Mass. 662, 667-68 , 808 N.E.2d 272, 278 (2004) (holding that the ecclesiastical abstention doctrine did not preclude enforcement of the Commonwealth’s subpoena duces tecum, which sought documents from a religious order regarding the criminal defendant, a priest of that order, who was facing criminal prosecution for sexual assault where the matter did not involve resolving a dispute within the church itself). 2009See also Society of Jesus of New England v. Commonwealth, 441 Mass. 662, 667-68 , 808 N.E.2d 272, 278 (2004) (holding that the ecclesiastical abstention doctrine did not preclude enforcement of the Commonwealth’s subpoena duces tecum, which sought documents from a religious order regarding the criminal defendant, a priest of that order, who was facing criminal prosecution for sexual assault where the matter did not involve resolving a dispute within the church itself). | 1 | 1 |
Softcheck v. Imeschgreen2 sentences2009In Softcheck v. Imesch, 367 Ill.App.3d 148, 157-58 , 305 Ill.Dec. 425 , 855 N.E.2d 941 (2006), this court examined the ecclesiastical abstention doctrine within the context of civil lawsuits alleging sexual assault against priests. 2009In Softcheck v. Imesch, 367 Ill.App.3d 148, 157-58 , 305 Ill.Dec. 425 , 855 N.E.2d 941 (2006), this court examined the ecclesiastical abstention doctrine within the context of civil lawsuits alleging sexual assault against priests. | 1 | 1 |
Watson v. Jonesgreen2 sentences2008The parties agree that the Shrine is a congregational church, independent and autonomous.2 2 Congregational polity exists when "a religious congregation ***, by the nature of its organization, is strictly independent of other ecclesiastical associations, and so far as church government is concerned, owes no fealty or obligation to any higher authority." Watson v. Jones, 80 U.S. 679, 722 , 20 L. 2008The parties agree that the Shrine is a congregational church, independent and autonomous.2 2 Congregational polity exists when "a religious congregation ***, by the nature of its organization, is strictly independent of other ecclesiastical associations, and so far as church government is concerned, owes no fealty or obligation to any higher authority." Watson v. Jones, 80 U.S. 679, 722 , 20 L. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ad Hoc Committee of Parishioners of Our Lady of Sun Catholic Church, Inc. v. Reiss
green
2 sentences2010In Ad Hoc Committee of Parishioners of Our Lady of the Sun Catholic Church, Inc. v. Reiss, 223 Ariz. 505 , 224 P.3d 1002 (App. 2010), the Arizona Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding a priest's fitness to be elected as director and president of a congregational church. 2010In Ad Hoc Committee of Parishioners of Our Lady of the Sun Catholic Church, Inc. v. Reiss, 223 Ariz. 505 , 224 P.3d 1002 (App. 2010), the Arizona Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding a priest’s fitness to be elected as director and president of a congregational church. | 2 | 2010–2010 |
Higgins v. Maher
green
2 sentences2010In Higgins v. Maher, 210 Cal. App. 3d 1168 , 258 Cal. Rptr. 757 (1989), a California appeals court held that the ecclesiastical abstention doctrine precluded it from determining whether a priest suffered defamation and invasion of privacy when, without his permission, a church disseminated to other dioceses within its organization information regarding certain medical treatment and diagnoses he received. 2010In Higgins v. Maher, 210 Cal. App. 3d 1168 , 258 Cal. Rptr. 757 (1989), a California appeals court held that the ecclesiastical abstention doctrine precluded it from determining whether a priest suffered defamation and invasion of privacy when, without his permission, a church disseminated to other dioceses within its organization information regarding certain medical treatment and diagnoses he received. | 2 | 2010–2010 |
AD HOC COMMITTEE OF PARISHIONERS v. Reiss
green
2 sentences2010In Ad Hoc Committee of Parishioners of Our Lady of the Sun Catholic Church, Inc. v. Reiss, 223 Ariz. 505 , 224 P.3d 1002 (App. 2010), the Arizona Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding a priest's fitness to be elected as director and president of a congregational church. 2010In Ad Hoc Committee of Parishioners of Our Lady of the Sun Catholic Church, Inc. v. Reiss, 223 Ariz. 505 , 224 P.3d 1002 (App. 2010), the Arizona Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding a priest’s fitness to be elected as director and president of a congregational church. | 2 | 2010–2010 |
Rentz v. Werner
neutral
2 sentences2010In Rentz v. Werner, 156 Wash. App. 423 , 232 P.3d 1169 (2010), the Washington Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding whether a minister at a church had exceeded her authority when she expelled several members. 2010In Rentz v. Werner, 156 Wash. App. 423 , 232 P.3d 1169 (2010), the Washington Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding whether a minister at a church had exceeded her authority when she expelled several members. | 2 | 2010–2010 |
Rentz v. Werner
green
2 sentences2010In Rentz v. Werner, 156 Wash. App. 423 , 232 P.3d 1169 (2010), the Washington Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding whether a minister at a church had exceeded her authority when she expelled several members. 2010In Rentz v. Werner, 156 Wash. App. 423 , 232 P.3d 1169 (2010), the Washington Court of Appeals determined that the ecclesiastical abstention doctrine applied to claims regarding whether a minister at a church had exceeded her authority when she expelled several members. | 2 | 2010–2010 |
Sarmont v. DeWitt
green
1 sentence2024Defendants argued further that plaintiff’s false-light -4- 2024 IL App (2d) 230239 claim failed to allege facts showing that (1) DeWitt’s response was highly offensive to a reasonable person and (2) defendants acted with reckless disregard for the truth or falsity of DeWitt’s response. ¶ 13 In seeking dismissal under section 2-619(a)(9) of the Code (id. § 2-619(a)(9))—which allows for dismissal when the claim is barred by affirmative matter avoiding the legal effect of or defeating the claim—defendants argued that the ecclesiastical abstention doctrine barred the complaint. | 1 | 2024–2024 |
Project44, Inc. v. FourKites, Inc.
green
1 sentence2024We review de novo the circuit court’s dismissal of a complaint pursuant to section 2-615 for failure to state a claim. project44, Inc. v. FourKites, Inc., 2024 IL 129227, ¶ 18 . ¶ 33 Before we address the substance of Garcia’s claims, we note because this matter involves a dispute between a church and its former employee, it potentially invokes the doctrine of ecclesiastical abstention. | 1 | 2024–2024 |
Rehfield v. Diocese of Joliet
neutral
1 sentence2021On appeal, the appellate court affirmed the dismissal based on the doctrine of ecclesiastical abstention. 2019 IL App (3d) 180354 . | 1 | 2021–2021 |
Gabriel v. Immanuel Evangelical Lutheran Church, Inc.
green
1 sentence2020Id. at 458 . | 1 | 2020–2020 |
Hiles v. Episcopal Diocese of Massachusetts
green
2 sentences2009In Hiles v. Episcopal Diocese of Massachusetts, 437 Mass. 505 , 773 N.E.2d 929 (2002), the Supreme Judicial Court of Massachusetts considered the ecclesiastical abstention doctrine in the context of a civil lawsuit brought by an Episcopal priest, Hiles, and his wife against the Episcopal Diocese of Massachusetts and the author of a letter accusing him of having an adulterous affair with her that led to a sexual misconduct investigation by the Diocese. 2009In Hiles v. Episcopal Diocese of Massachusetts, 437 Mass. 505 , 773 N.E.2d 929 (2002), the Supreme Judicial Court of Massachusetts considered the ecclesiastical abstention doctrine in the context of a civil lawsuit brought by an Episcopal priest, Hiles, and his wife against the Episcopal Diocese of Massachusetts and the author of a letter accusing him of having an adulterous affair with her that led to a sexual misconduct investigation by the Diocese. | 1 | 2009–2009 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.