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Suits Against Scientology By 2 Sea Org Members Dismissed Under Ministerial Exception Doctrine

By Howard M. Friedman

In two related cases brought by a husband and wife, a California federal district court yesterday applied the constitutionally compelled  "ministerial exception" doctrine to dismiss suits against the Church of Scientology alleging violations of the Trafficking Victims Protection Act. The TVPA (18 USC 1589(a)(1)) prohibits knowingly obtaining the labor or services of a person by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person, and permits victims to bring civil actions for damages (18 USC 1595).

In Claire Headley v. Church of Scientology International, (CD CA, Aug. 5, 2010), plaintiff was a member of Scientology's Sea Org. Sea Org members live communally, are assigned physically difficult tasks, and are subject to strict discipline. They are not allowed to raise children and remain Sea Org members. Plaintiff says she had two abortions under the pressure of this policy. In Marc Headley v. Church of Scientology, (CD CA, Aug. 5, 2010), plaintiff was also a Sea Org member and alleged instances of physical abuse and acts of discipline. In dismissing the lawsuits on First Amendment grounds, the court said:

Defendant here represents that the challenged conduct was doctrinally motivated..... Therefore, inquiry into these allegations would entangle the Court in the religious doctrine of Scientology and the doctrinally-motivated practices of the Sea Org. It would also require the Court to analyze the criteria Defendant uses to choose ministers and the reasonableness of the methods used to enforce church policy and encourage members to remain with the organization and the religion itself.... In order to determine whether Defendant?s means of persuading members to remain with the Sea Org, etc. fall within the purview of the TVPA, a trier of fact must inquire into Scientology?s policies, practices, and scriptures.

Today's St. Petersburg Times reports on the decisions. (See prior related posting.)

Full post as published by Religion Clause on August 06, 2010 (boomark / email).