Bourque v. Roman Catholic Diocese of Charlotte, N.C., et al., No. CO17-1054 (N.C. App.) November 20, 2018.
Defendants sought interlocutory review on jurisdictional grounds of denial of their motion to dismiss on First Amendment grounds. Defendants argued that the First Amendment forbids judicial interpretation of theology or of any matters in which religion is inextricably bound up in church decision making.
While recognizing these principles, the court concluded that whether church officials were negligent in supervision of the seminarian, who is alleged to have abused Bourque sexually, is a civil matter which can be adjudicated without undue interference with religious beliefs or practices. The court affirmed denial of the motion to dismiss.