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Texas Supreme Court vindicates pastor who practiced church discipline

A Texas pastor who was sued after exercising church discipline has been handed a victory by that state's supreme court. The lawsuit was brought by a church member who refused to repent following a divorce and remarriage.



According to the lawsuit, Peggy Penley was a member of Crossland Community Bible Church in Fort Worth when she had a relationship with another man and desired to divorce her husband. In accordance with the church's disciplinary process, Crossland Community Pastor Buddy Westbrook eventually sent a letter to church members, informing them of Penley's unrepentant attitude and disassociating the congregation from Penley. She sued the church, the elders, and Pastor Westbrook, claiming the pastor violated confidentiality statutes.

Hiram Sasser is with Liberty Legal Institute, which represented Westbrook before the Texas Supreme Court in Penley v. Westbrook. He says the court's unanimous decision in the pastor's favor sends a clear message.

"This is a great victory for pastors all across Texas and all across the nation " Sasser says. "This is a very strong opinion saying that pastors who are engaging in Matthew 18 church disciplinary process are protected by the Constitution from lawsuits from people who don't like how that goes down."

Matthew 18 counsels face-to-face confrontation in such matters, initially, adding that "if he listens to you, you have won your brother over." But if that person will not listen, says scripture, "take one or two others along, so that 'every matter may be established by the testimony of two or three witnesses.' If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, treat him as you would a pagan or a tax collector." [Matthew 18: 15-17, NIV]

The ruling by the Texas Supreme Court was justified, says the Liberty Legal attorney. "Pastors have to understand they are free under the law to engage in church disciplinary matters -- to follow Matthew 18, to follow their convictions -- and so they're immune from lawsuit [under] that, and it's just great to be able to see that churches can operate free from government intrusion."

Sasser points out the U.S. Constitution protects the right of a church to choose its members and govern itself according to doctrine and faith, without government interference.