Priest hopes higher power hears case
Is lawsuit against church a case for Supreme Court?
A priest hopes the Florida Supreme Court will be his savior in an unusual battle with the church that has played out in public.
The priest sued the church, saying it slandered him on Facebook and in the media because he had accused church officials of trying to cover up another priest’s sexual misconduct.
Church leaders say the priest is a liar with mental health problems and argue the lawsuit attempts to challenge a “ministerial decision” that he’s unfit to become a pastor.
Last month, a state appeals court sided with the Diocese of Palm Beach and blocked the Rev. John Gallagher’s defamation claim.
The judges pointed to an age-old practice of avoiding theological-based controversies, ruling the courts simply can’t interfere with church law.
Gallagher’s lawyers, however, believe they can persuade a higher authority — the state Supreme Court — that the priest’s case should be allowed because it involves slander claims that have nothing to do with religious matters.
“We are very hopeful that the Supreme Court will (review the dispute),” attorney Ted Babbitt said. “We think the decision of the (appellate court) is a terrible precedent because it essentially immunizes the Catholic Church and every other religion from a libel and slander suit.”
The diocese’s attorneys