...from the full penalty should they be sued for participating in a felony.

AP Wire Stories

The court ruled that holding a court liable for the psychological damages resulting from falsely imprisoning and assaulting a person would have unconstitutional chilling effects upon churches.

Chilling effects I can only imagine, such as compelling churches not to commit felonies in the first place. I cannot imagine the slightest legal standing in this case, the church broke the law and in doing so caused significant physical and emotional distress to an individual. Freedom of religion is not an excuse for churches to trample on the rights of individuals. Should they ignore that they should be subject to the law same as everyone else, not given special treatment because they thought they were doing gods work.

what would you have the court do ? the are NOT empowered.

you may not agree but its out of their hands.

Plus we're talking about excorcisms here? What kind of barbaric stuff is going on in churches these days?

The law doesn't respect any establishment of religion, the law respects individuals not imprisoning other individuals, the law is about people having their rights held inviolate.

Whether they are being attacked by a common thug or by their own church the individual's rights are still inalienable. The church's rights would not be violated by being held accountable for its actions, instead they're rights would be protected just as they would be if a member of another religion had attempted to attack them.

/If you were sarcastic my apologies

"or prohibiting the free exercise thereof;"

like it or not, exorcism is an "exercise", has been for a very long time.

Is a forced exorcism free exercise?

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Article does not mentioned forced and the kid was 17 so presumably it was her parent's call. So it IS free exercise.

The age of legal consent in Texas is 17.

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This isn't sex. Its 18.

If an exorcism results in physical harm to the person being exorcised, I don't see that age should make a difference.

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Age matters as it places authority. Rug burns are not that terrible.

As I read the article, this exorcism seems to be the least of this poor kid's problems. Seems like that missionary trip to Africa was pretty bad.

I agree with the corollary between age and authority but I do believe in equality under the law. If the exorcism causes what the OP termed "significant physical and emotional distress to an individual" then regardless of their age, the law should apply to the perpetrator.

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Take a step back and consider all of the ramifications had the court decided otherwise.

If they had a ruled the other way then anyone who disagreed with a churches doctrine or theology could claim psychological damage. There are organizations who would have used this to restrict what the church teaches. There are already laws protecting individuals against abuse, they are sufficient enough protection.

If the courts can't go after the church, than I think that the church should stay out of politics and presidential endorsements.

It's a run amok in America. All these pastor flaps and such. If they want to get involved in national policy then they ought to pay taxes like everyone else.

Churches have to stay out of endorsing candidates or else they lose their non-profit status. However, I think there must be some loop holes in this when it comes to specific individuals from churches endorsing candidates.

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