By Staff, Baptist MessageNEW ORLEANS – The Louisiana Supreme Court denied a writ application to review the decisions of the Ninth Judicial District Court and the Third Circuit of Appeals wherein both courts found in favor of Louisiana College in a suit brought against the school by former professors.
The decision by the Supreme Court, rendered on April 8, to not review the case represents the fourth time a court has decided in favor of LC in a lawsuit originally filed in 2005 by Carlton L. Winbery, Fredrick L. Downing, James R. Heath and Connie R. Douglas. The former LC professors filed suit against LC alleging loss of academic freedom and infliction of emotional distress.
In the original ruling rendered on March 28, 2012, Judge Mary Lauve Doggett of the Ninth Judicial Court wrote: “Under the establishment Clause, the consideration is whether the issues which the Court will have to resolve will necessarily turn upon competing interpretations of religion, thus resulting in the Court becoming entangled in an ecclesiastical dispute.”
The Judge continued, “The ‘Entanglement Doctrine’ provides that a court must decline jurisdiction over a lawsuit when the dispute is so intertwined with matters of religion that a proper resolution cannot be made without interpreting or choosing between competing religious principles or doctrines.”
“…the court finds that this suit is so intertwined with matters of religion that a proper resolution could not be made herein without interpreting or choosing between competing religious principles or doctrine,” Judge Doggett observed.
In the final paragraph of her ruling, Doggett concluded, “Considering all the evidence, including deposition testimony of the plaintiffs, it is clear that this litigation arises out of a dispute over Baptist Theology. The plaintiffs candidly testified that their errant view of the Bible was in conflict with the inerrant beliefs of the LC administration and, at least in part, with the Baptist Faith and Message 2000.
Judge Doggett continued, “Thus, any claim for breach of the agreement, violations of the Handbook and/or By-laws, and/or emotional infliction of emotional distress that arises out of the conflict is beyond the scope of this court’s jurisdiction.”
Subsequent appeals to the Ninth Judicial District Court, in Sept. 2012, and Third Circuit of Appeals, on Nov. 6, 2013, upheld Doggett’s decision. The Louisiana Supreme Court’s decision to not review the result of the previous appeals effectively upholds Judge Doggett’s original ruling.
The defendants in the legal action included LC, Leon Hyatt, Jr., Joe Aguillard, Kent Aguillard, Alan Shoemaker, Amy Roussell and the Louisiana Inerrancy Fellowship
“We believe the Bible in all aspects. It says in Ecclesiastes 4:12, ‘A cord of three strands is not easily broken.’ Today, the court has again refused to sever the cord that has bound Louisiana College for over 100 years of teaching Biblically enlightened truth,” LC President Joe Aguillard said in a press release issued on May 8.
“The three strands are represented by our allegiance to Jesus Christ and His Holy Word, our mission toward academic excellence, and our precious SACS accreditation that requires our Board of Trustees to protect our Academic Freedom alongside Academic Responsibility. This cord of three strands will remain uncut and unfrazzled for eternity,” Aguillard said in the release.
“Ted Le Clercq of Deutsch and Kerrigan P. Stiles has represented Louisiana College for the seven year journey of the historic court case,” the LC press release indicated.
“Le Clercq addressed the ruling; ‘While the plaintiff’s legal claims were drawn in the language of contract and tort claims, the reality of the dispute was a disagreement about faith, the Baptist Faith and Message 2000 and values. Thus, the court said these religious matters were reserved for decision to Louisiana College as private religious educational institution,” reported the LC release.
NEW ORLEANS – The Louisiana Supreme Court denied a writ application to review the decisions of the Ninth Judicial District Court and the Third Circuit of Appeals wherein both courts found in favor of Louisiana College in a suit brought against the school by former professors.
The decision by the Supreme Court, rendered on April 8, to not review the case represents the fourth time a court has decided in favor of LC in a lawsuit originally filed in 2005 by Carlton L. Winbery, Fredrick L. Downing, James R. Heath and Connie R. Douglas. The former LC professors filed suit against LC alleging loss of academic freedom and infliction of emotional distress.
In the original ruling rendered on March 28, 2012, Judge Mary Lauve Doggett of the Ninth Judicial Court wrote: “Under the establishment Clause, the consideration is whether the issues which the Court will have to resolve will necessarily turn upon competing interpretations of religion, thus resulting in the Court becoming entangled in an ecclesiastical dispute.”
The Judge continued, “The ‘Entanglement Doctrine’ provides that a court must decline jurisdiction over a lawsuit when the dispute is so intertwined with matters of religion that a proper resolution cannot be made without interpreting or choosing between competing religious principles or doctrines.”
“…the court finds that this suit is so intertwined with matters of religion that a proper resolution could not be made herein without interpreting or choosing between competing religious principles or doctrine,” Judge Doggett observed.
In the final paragraph of her ruling, Doggett concluded, “Considering all the evidence, including deposition testimony of the plaintiffs, it is clear that this litigation arises out of a dispute over Baptist Theology. The plaintiffs candidly testified that their errant view of the Bible was in conflict with the inerrant beliefs of the LC administration and, at least in part, with the Baptist Faith and Message 2000.
Judge Doggett continued, “Thus, any claim for breach of the agreement, violations of the Handbook and/or By-laws, and/or emotional infliction of emotional distress that arises out of the conflict is beyond the scope of this court’s jurisdiction.”
Subsequent appeals to the Ninth Judicial District Court, in Sept. 2012, and Third Circuit of Appeals, on Nov. 6, 2013, upheld Doggett’s decision. The Louisiana Supreme Court’s decision to not review the result of the previous appeals effectively upholds Judge Doggett’s original ruling.
The defendants in the legal action included LC, Leon Hyatt, Jr., Joe Aguillard, Kent Aguillard, Alan Shoemaker, Amy Roussell and the Louisiana Inerrancy Fellowship
“We believe the Bible in all aspects. It says in Ecclesiastes 4:12, ‘A cord of three strands is not easily broken.’ Today, the court has again refused to sever the cord that has bound Louisiana College for over 100 years of teaching Biblically enlightened truth,” LC President Joe Aguillard said in a press release issued on May 8.
“The three strands are represented by our allegiance to Jesus Christ and His Holy Word, our mission toward academic excellence, and our precious SACS accreditation that requires our Board of Trustees to protect our Academic Freedom alongside Academic Responsibility. This cord of three strands will remain uncut and unfrazzled for eternity,” Aguillard said in the release.
“Ted Le Clercq of Deutsch and Kerrigan P. Stiles has represented Louisiana College for the seven year journey of the historic court case,” the LC press release indicated.
“Le Clercq addressed the ruling; ‘While the plaintiff’s legal claims were drawn in the language of contract and tort claims, the reality of the dispute was a disagreement about faith, the Baptist Faith and Message 2000 and values. Thus, the court said these religious matters were reserved for decision to Louisiana College as private religious educational institution,” reported the LC release.