Methodist Church v. Balt.-Wash. Conf. of United Meth. Church
CourtCourt of Special Appeals of Maryland
Date FiledOctober 5, 2026
Docket1812/24
JudgeNazarian
StatusPublished
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Full Opinion
The Methodist Church of Cape St. Claire, et al. v. The Baltimore Washington Conference of the United
Methodist Church, Inc., et al., No. 1812, September Term, 2024. Opinion by Nazarian, J.
ECCLEASIASTICAL ABSTENTION DOCTRINE – CONSTRUCTIVE FRAUD –
BREACH OF FIDUCIARY DUTY
Resolving Local Churches’ claims that Annual Conference of United Methodist Church
(UMC) had committed fraud and breached its fiduciary duty by failing to act in accordance
with Church doctrine, custom, and practices, in good faith, and in the Local Churches’ best
interests would have required circuit court to consider the sanctity of religious doctrine in
violation of church autonomy doctrine.
ECCLEASIASTICAL ABSTENTION DOCTRINE – FINANCIAL
MISMANGEMENT
Church autonomy doctrine prevents court from resolving Local Churches’ claim that
Annual Conference had mismanaged clergy pension funds because circuit court would
have to examine UMC’s view regarding the role of clergy and church leaders, their
authority and compensation, and internal church management, a function that falls within
the purview of a separate governing body within the church.
ECCLEASIASTICAL ABSTENTION DOCTRINE – BREACH OF CONTRACT
Circuit court did not err when it declined to determine whether Annual Conference’s
imposition of a payment requirement before Local Churches could disaffiliate from UMC
was otherwise consistent with the UMC’s governing instrument, the Book of Discipline,
because such determination would have required the circuit court to interpret UMC
doctrine and interfere with church governance.
ECCLEASIASTICAL ABSTENTION DOCTRINE – DECLARATORY
JUDGMENT – QUIET TITLE TO PROPERTY
Claim that circuit court had failed to address whether Local Churches’ holding of
property in trust for the UMC had been terminated after trust purposes had become
unlawful, contrary to public policy, or impossible to achieve would have required circuit
court to determine fundamental purpose of a trust formed with a particular religious
purpose in mind and whether subsequent doctrinal changes had frustrated that purpose.
Such consideration would have infringed on the protections bestowed under the First
Amendment.
LAW OF THE CASE DOCTRINE – MULTIPLE CIRCUIT COURT RULINGS
Circuit court decision not to dismiss claims at motion to dismiss stage of litigation was
interlocutory and did not bind it from disposing of the claims in later summary judgment
ruling.
RECUSAL
Circuit court judge’s affiliation as a parishioner with local UMC church that was not a
party to the dispute, without more, had no apparent impact on Local Churches’ ability to
receive a fair trial and was insufficient, on its own, to overcome presumption of judicial
impartiality.
Circuit Court for Anne Arundel County
Case No. C-02-CV-23-000500
REPORTED
IN THE APPELLATE COURT
OF MARYLAND
No. 1812
September Term, 2024
______________________________________
THE METHODIST CHURCH OF CAPE ST.
CLAIRE, ET AL.
v.
THE BALTIMORE WASHINGTON
CONFERENCE OF THE UNITED
METHODIST CHURCH, INC. ET AL.
______________________________________
Nazarian,
Albright,
Beachley, Donald E.*
(Senior Judge, Specially Assigned),
JJ.
______________________________________
Pursuant to the Maryland Uniform Electronic Legal Opinion by Nazarian, J.
Materials Act (§§ 10-1601 et seq. of the State ______________________________________
Government Article) this document is authentic.
2026.10.05 Filed: October 5, 2026
15:49:00 -04'00'
Gregory Hilton, Clerk
* Beachley, J., now a Senior Judge, participated in the hearing and conference of this
case while an active member of the Court. He participated in the adoption of this opinion
after being recalled pursuant to Maryland Constitution, Article IV, Section 3A.
Thirty-seven Maryland Methodist churches (the “Local Churches”), all part of the
Baltimore Washington Conference (the “BW Conference”) of the United Methodist
Church (“UMC”), sought to disaffiliate from the UMC and to retain the real properties
each has held in trust for the UMC since becoming part of the national church. Citing the
national church’s governing documents, the BW Conference conditioned disaffiliation and
property retention on the Local Churches’ payment of fifty percent of the assessed value
of the real property they wished to retain (the “payment requirement”) in addition to other
payment terms established by the UMC for disaffiliating churches. The Local Churches
objected to the payment requirement and sued the BW Conference, its Board of Trustees
(the “Board”), and its presiding bishop, LaTrelle Easterling (the “Bishop”) (collectively,
the “Conference”) in the Circuit Court for Anne Arundel County. In two phases, the circuit
court granted summary judgment in favor of the Conference on the grounds that the Local
Churches hadn’t generated a genuine dispute of material fact and that the ecclesiastical
abstention doctrine barred secular courts from deciding their claims. The Local Churches
appeal the court’s application of the ecclesiastical abstention doctrine and we affirm.
I. BACKGROUND
In 1968, the Methodist Church and the Evangelical United Brethren Church merged
to form the UMC. The UMC’s Book of Discipline is “the instrument for setting forth the
laws, plan, polity, and process by which United Methodists govern themselves” as written
and amended over time by UMC General Conferences of denominations. It details the
UMC’s constitution, doctrine and general rules, organizational structure, and policies
relative to church property and judicial administration.
The UMC operates under a hierarchical structure set forth in the Book of Discipline.
At the top of the hierarchy is the General Conference, which is vested with “full legislative
power over all matters distinctively” related to the UMC’s theology of Connectionalism,
including matters of church governance. The General Conference meets once every four
years and is comprised of both clergy and lay delegates elected by the Annual Conferences.
The Annual Conferences have the right to vote on amendments to the UMC’s constitution,
to elect delegates to the General Conference, and to “discharge such duties and exercise
such powers as the General Conference . . . may determine.” Each Annual Conference is
supervised by a bishop and oversees all local churches, or “Charge Conferences,” within
its boundaries. The UMC also has a Judicial Council, which serves as its highest judicial
authority. The Judicial Council is the sole body charged with interpreting the Book of
Discipline and with determining if acts of the General Conference and decisions of law
made by the bishops of the Annual Conferences adhere to the provisions of that instrument.
Paragraph 2501 of the Book of Discipline provides that “[a]ll properties of the
United Methodist local churches . . . are held, in trust, for the benefit of the entire
denomination” and that “ownership and usage of church property is subject” to the Book
of Discipline. The trust requirement, it says, “reflects the connectional structure” of the
UMC “by ensuring that the property will be used solely for purposes consonant with the
mission of the entire denomination as set forth in” the Book of Discipline. Paragraph 2503
requires written instruments of conveyance by which real property is held or acquired by
local churches for use by the UMC to contain a “trust clause” stating that the premises shall
be kept and maintained for the UMC’s benefit. That paragraph provides as well, however,
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that the absence of a trust clause in such an instrument doesn’t exclude the property held
or conveyed from the trust requirement. And the Book of Discipline’s trust requirement is
codified in section 5-326 of the Corporations & Associations Article (“CA”) of the
Maryland Code, which reads:
All assets owned by any Methodist Church . . . whether
incorporated, unincorporated, or abandoned:
(1) Shall be held by the trustees of the church in trust for the
United Methodist Church; and
(2) Are subject to the discipline, usage, and ministerial
appointments of the United Methodist Church, as from time
to time authorized and declared by the General Conference
of that church.
CA § 5-326.
In 2019, the General Conference amended the Book of Discipline and added
Paragraph 2553, titled the “Disaffiliation of a Local Church Over Issues Related to Human
Sexuality.” Paragraph 2553 recognized a “current deep conflict within The [UMC] around
issues of human sexuality” arising from recent changes by the General Conference to the
Book of Discipline’s requirements and provisions regarding “the practice of
homosexuality” and the ordination and marriage of “self-avowed practicing homosexuals.”
Paragraph 2553 created a new disaffiliation path: it granted a local church that wished to
disaffiliate from the denomination “for reasons of conscience” related to those changes a
limited right to do so by a specified date and on certain conditions without forfeiting any
real property held by that church in trust for the UMC. According to Paragraph 2553, the
General Conference was to develop a standard form for Disaffiliation Agreements that
recognized “the validity and applicability of the [trust requirement], notwithstanding
3
[Paragraph 2553’s] release of property therefrom.” If a two-thirds majority of a local
church’s professing members voted to disaffiliate, the board of trustees of the applicable
Annual Conference would then establish terms and conditions for the disaffiliation to be
“memorialized in a binding Disaffiliation Agreement.” But Paragraph 2553 provided as
well, and specifically, that Annual Conferences “may develop additional standard terms”
for disaffiliation “not inconsistent with the standard form” of the Disaffiliation Agreement
developed by the General Conference. And under Paragraph 2553, the BW Conference
imposed the payment requirement at issue in this case as a standard term of disaffiliation
for the local churches under its oversight.
On March 13, 2023, the Local Churches sued the Conference in the Circuit Court
for Anne Arundel County. The original complaint set forth nine counts. Count I sought a
declaratory judgment that the trust had terminated, or alternatively that it is revocable, and
a declaration of the Local Churches’ entitlement to quiet and exclusive possession of their
“respective properties.” Count II asked the circuit court to terminate the trust under the
Estates & Trusts Article (“ET”) of the Maryland Code or, alternatively, “to have
themselves clearly established as the trustee of each respective trust with all power to
revoke the trust and/or dispose of the property as Maryland law allows.” Under Counts III
and IV, the Local Churches alleged that the Board and the Bishop had constructively
defrauded and breached their fiduciary duty both to them and to the BW Conference by
misusing and mismanaging the Local Churches’ financial apportionments and real and
personal property held in trust; by concealing from the Local Churches material facts about
the use of discretionary funds, including management of the conference pension fund; and
4
by making false statements about the pension fund or, alternatively, grossly mismanaging
the fund. The Local Churches demanded a court-ordered accounting of the Board and
Bishop’s management of the pension fund (Count V), and they asserted claims for quantum
meruit (Count VI) and unjust enrichment (Count VII) based on years of having provided
apportionments, ministerial services and the use of their real and personal property to the
Conference. Count VIII alleged promissory estoppel based on claims that the Local
Churches relied reasonably on the understanding that other options for disaffiliation had
been and would continue to be available customarily.
On May 19, 2023, the Local Churches filed a First Amended Complaint that added
a breach of contract claim, Count IX, based on alleged promises in the Book of Discipline
and mismanagement of the pension fund. And under (now) Count X of the complaint, they
sought quiet title on behalf of the Methodist Church of Cape St. Claire (“St. Claire”), which
had purchased its land before the UMC’s formation.
On June 21, 2023, the Conference moved to dismiss the Local Churches’ complaint
and the parties appeared before the circuit court on September 18 for a motions hearing.
On September 18, 2023, the court granted the Conference’s motion to dismiss Count II
(seeking judicial modification of the trust) and Counts VI–VIII (quantum meruit, unjust
enrichment, and promissory estoppel). The court didn’t dismiss Count I (declaratory relief)
after concluding that neutral principles of law could resolve disputes about the operability
of trust provisions on the property of a disaffiliating church. The court determined that the
Local Churches’ allegations of gross mismanagement of pension funds under Counts III
and IV (constructive fraud and breach of fiduciary duty) could fall under the fraud or
5
collusion exception to the ecclesiastical abstention doctrine and that relief under Count V
(demand for accounting) called for court enforcement of obligations under Maryland law
and did not interfere with church government or interpretation of church doctrine. The
circuit court decided it wasn’t necessary to dismiss Count IX (breach of contract) at the
motion-to-dismiss stage of the case, but the court recognized that even though “the issues
of implied duties and financial liabilities are clearly secular, eventually the Court would
likely need to interpret [the Book of Discipline] to determine whether there was a breach.”
Lastly, the court denied the Conference’s motion to dismiss Count X (quiet title) because,
it reasoned, property disputes are an exception to the ecclesiastical abstention doctrine.
After discovery closed, the Conference moved for summary judgment. The
Conference argued that the ecclesiastical abstention doctrine deprived the circuit court of
subject matter jurisdiction, that disaffiliation was no longer an available remedy because
Paragraph 2553 of the Book of Discipline had expired on December 31, 2023, and that
even if the court did have subject matter jurisdiction and could award a remedy, the Local
Churches had failed to generate a genuine dispute of material fact. The court held a
summary judgment hearing on July 1, 2024. The Local Churches indicated that the
financial documents produced by the Conference during discovery may have addressed
Count V of their complaint (demand for accounting) and the parties agreed to dismiss that
claim after the hearing. At that point, their claims for declaratory judgment, constructive
fraud, breach of fiduciary duty, breach of contract, and quiet title remained.
With regard to the Local Churches’ request for a declaratory judgment, the circuit
court concluded that there was “no genuine dispute of material fact regarding whether the
6
[Book of Discipline] created an irrevocable trust.” The court reasoned that the text of the
Book of Discipline states expressly that the trust is irrevocable, that its trust clauses don’t
reserve for local churches the right to revoke, and that Maryland case law presumes that
trusts are irrevocable unless the power of revocation has been reserved. Because there was
no dispute that the Local Churches held their property in trust for the UMC and had
consented to the trust provisions in the Book of Discipline, the court found the Conference
entitled to summary judgment. For these same reasons, the court awarded summary
judgment to the Conference on their quiet title claim.
The circuit court also found that the Local Churches’ constructive fraud claim fell
outside the fraud or collusion exception to the ecclesiastical abstention doctrine and that
the ecclesiastical abstention doctrine barred the court from examining how the UMC
governs and manages the Conference’s pension fund. The court determined further that
summary judgment was appropriate because the Local Churches hadn’t generated a
genuine dispute of material fact in support of their allegations that the Conference had
made false statements and mismanaged pension funds, allegations that the Conference had
refuted with admissible evidence. The court found that their breach of fiduciary duty claim
lacked a factual basis. And the court concluded that adjudicating this claim would require
it to analyze how the Conference had decided to establish the 50% payment requirement,
a matter that the UMC’s judicial council can resolve and to which the court should defer
under the ecclesiastical abstention doctrine.
Finally, the circuit court found that the ecclesiastical abstention doctrine precluded
the court from adjudicating the Local Churches’ breach of contract claim. Determining
7
whether the Conference had breached the Book of Discipline, the court reasoned, would
require it to interpret the governing law of the UMC and to reference or analyze the Book
of Discipline, church polity, and church doctrine. The court determined that it would be
improper for it to resolve whether different provisions of the Book of Discipline are
consistent for purposes of Paragraph 2553. The court concluded that there was no neutral
principle by which it could resolve the Local Churches’ breach of contract claim and
entered summary judgment in favor of the Conference. The Local Churches noted a timely
appeal.
II. DISCUSSION
The Local Churches raise five questions1 on appeal. The Conference objects on
1
The Local Churches phrased their Questions Presented as follows:
1. Did the trial court err by applying the Ecclesiastical Abstention Doctrine to
preclude judicial review of secular and property-related provisions of the
Book of Discipline, thereby denying Appellants their right to a jury trial on
disputed factual issues?
2. Did the trial court improperly dismiss Appellants’ claims for declaratory
judgment and quiet title under the Ecclesiastical Abstention Doctrine?
3. Did the trial court err by failing to adhere to the law of the case doctrine in
reconsidering prior rulings that the Book of Discipline could be interpreted
using neutral principles of law?
4. Did the trial court’s denial of judicial review violate Appellants’
constitutional rights?
5. Did [the trial judge’s] refusal to recuse himself constitute an abuse of
discretion?
The BW Conference stated seven Questions Presented:
Continued . . .
8
preservation grounds to the fourth issue—whether the circuit court violated the Local
Churches’ constitutional rights when it granted summary judgment. On this issue, the Local
Churches highlight that the authority of the Book of Discipline and the holding of UMC
property in trust have been codified into Maryland law, and they assert that foreclosing
judicial review of church actions in either respect amounts to a deprivation of due process
and potential violations of the establishment and equal protection clauses of the United
States Constitution. They argue further that denying judicial review of disputes arising
under the Book of Discipline burdens their religious freedom and amounts to an
1. Did the trial court err in dismissing claims challenging the consistency of
Conference disaffiliation procedures with the UMC’s central governing
document for lack of subject-matter jurisdiction?
2. Did the trial court err in dismissing claims based on the Conference’s alleged
mismanagement of clergy pension funds for lack of subject-matter
jurisdiction?
3. Did the trial court err in granting summary judgment to Appellees on
Appellants’ claims for constructive fraud and breach of fiduciary duty based
[on] a lack of evidence to create a genuine dispute of fact on refuted
allegations that Appellees made false statements regarding clergy pension
fund liabilities, or had mismanaged clergy pension funds or otherwise
mismanaged the Conference’s finances?
4. Did the trial court err in finding a lack of genuine factual dispute and entering
summary judgment for Appellees on claims that sought to terminate or
modify the irrevocable trust over local church property?
5. Did the law of the case doctrine require the trial court to adhere to its previous
rulings on subject-matter jurisdiction?
6. Did the trial judge err in declining to recuse himself based on his and his
family’s membership in non-party local churches affiliated with the UMC?
7. Should the Appellate Court exercise its discretion to hear several arguments
raised by Appellants for the first time on appeal whose resolution would not
facilitate adjudication of Appellants’ claims on remand?
9
unconstitutional judicial taking by nullifying their property rights without just
compensation.
The Conference objects to these constitutional arguments on preservation grounds,
arguing that allowing the Local Churches to raise them for the first time on appeal would
be substantially prejudicial because the “claims were not raised or developed at all” before
the circuit court. The Conference urges us not to hear these constitutional concerns because
they don’t change the circuit court’s limited subject matter jurisdiction, offer useful
guidance to the trial court, or promote judicial economy. We agree with the Conference.
The Local Churches didn’t preserve their constitutional arguments for appellate
review. Ordinarily, appellate courts will not decide non-jurisdictional issues “unless it
plainly appears by the record to have been raised in or decided by the trial court . . . .” Md.
Rule 8-131(a). “The question in determining whether an issue [has been] preserved . . . is
not simply whether it was raised in some fashion, but whether it was raised with sufficient
precision, clarity, and emphasis to give the [adjudicator] a fair opportunity to address it.”
Concerned Citizens of Cloverly v. Montgomery Cnty. Plan. Bd., 254 Md. App. 575, 602
(2022) (quoting Ctr. for Sustainable Economy v. Jewell, 779 F.3d 688, 602 (D.C. Cir.
2015)). The party must make the substance behind their assertion clear to the court, and a
“passing reference” is not enough. Id. at 603. And, most of all, the trial court must have
had an opportunity to answer the question or solve the problem. We have the discretion to
hear new arguments on appeal when the circumstances compel it, but there needs to be a
really good reason to depart from the normal requirement that parties raise issues in trial
courts first.
10
The Local Churches didn’t raise their constitutional objections sufficiently to
preserve them for our review, and the record reveals no rulings on the constitutional claims.
Their original complaint asserted that the payment requirement infringed on their
“fundamental rights to property and freedom of religion.” The complaint claimed also that
court intervention was necessary to enabling “the free exercise of [their] constitutional
religious and property rights” and alleged that judicial abstention would impede their
freedom of religion under the state and federal constitution. These allegations endured
through to their First Amended Complaint. In their opposition to the Conference’s motion
to dismiss, the Local Churches claimed that being forced to either comply with the payment
requirement, abandon their land, or remain affiliated with the UMC in conflict with their
religious beliefs, if approved by the court, would amount to a “judicially approved private
taking or a violation of their First Amendment rights.” But they embodied these asserted
constitutional violations in the declaratory, corporate governance, real estate, and contract
claims that followed. They didn’t assert independent violations of their free exercise rights,
judicial takings, or violations of due process or the establishment or equal protection
clauses.
Nor did the Local Churches build on these assertions in their opposition to the
Conference’s motion for summary judgment. At the summary judgment hearing, they
referenced their “valuable property rights” and how not allowing them to sue the
Conference would create “a number of constitutional concerns,” but then said they weren’t
at the hearing to argue those concerns. Later in the hearing, their counsel suggested that a
legal system that would keep them from suing while allowing the Conference to sue them
11
if they disaffiliated might violate due process and the establishment and equal protection
clauses, but left the discussion there. Nor did the Local Churches present a developed legal
argument or analysis of how the Conference violated these constitutional provisions to the
circuit court at the summary judgment motion hearing.
The Local Churches articulated the impact on their religious freedom and other
constitutional rights in the form of the secular state law counts they alleged in their
complaints—presumably in an understandable effort to keep their arguments and their
injuries as grounded as possible in secular state law rather than more ephemeral and
ecclesiastical principles. That makes sense, and the Local Churches left things there—they
didn’t give the circuit court broader or more abstract constitutional arguments to consider
and address. Sage Title Group LLC v. Roman, 455 Md. 188, 211–12 (2017) (in deciding
whether an issue has been preserved sufficiently, appellate courts consider “whether the
trial judge ‘could identify . . . the argument that was being made in support of the motion.’”
(quoting Nelson v. Carroll, 350 Md. 247, 250 (1998))); see also Lockett v. Blue Ocean
Bristol, LLC, 446 Md. 397, 417–18 (2016) (issue preserved where both parties disputed it
before the court); Carroll v. Konits, 400 Md. 167, 183 (2007) (issue preserved sufficiently
based on the substance of appellant’s arguments). As a result, they didn’t raise these
independent constitutional theories for purposes of Maryland Rule 8-131(a) and preserve
them for appellate review.
From there, we rephrase the Local Churches’ four issues: first, whether the circuit
court applied the ecclesiastical abstention doctrine properly in granting summary judgment
on their constructive fraud, breach of fiduciary duty, and breach of contract claims; second
12
whether the court erred when it dismissed their declaratory judgment and quiet title claims;
third, whether the circuit court contravened the law of the case doctrine when it resolved
their claims; and fourth, whether the court abused its discretion when it declined to recuse
in response to their motion for disqualification.
We review a circuit court’s decision to grant summary judgment de novo, Walk v.
Hartford Cas. Ins. Co., 382 Md. 1, 14 (2004) (citation omitted), and we review the record
independently to determine if there is a genuine dispute of material fact and if the moving
party is entitled to judgment as a matter of law. Id. Similarly, “we review de novo the grant
of a motion to dismiss.” Reiner v. Ehrlich, 212 Md. App. 142, 151 (2013) (cleaned up)
(quoting Gomez v. Jackson Hewitt, Inc., 427 Md. 128, 142 (2012)). “Whether the law of
the case doctrine should be applied” in a particular case is likewise “a legal question” that
we review without deference. Baltimore Cnty. v. Fraternal Order of Police, Balt. Cnty.
Lodge No. 4, 449 Md. 713, 731 (2016) (citations omitted). Finally, “[t]he decision of
whether to recuse is a matter within the sound discretion of the court, and will not be
disturbed on appeal except for abuse of discretion.” In re Colin R., 63 Md. App. 684, 701
(1985) (citation omitted).
A. Ecclesiastical Abstention Doctrine
1. Application of the ecclesiastical abstention doctrine to dismiss
the constructive fraud, breach of fiduciary duty, and breach of
contract claims.
The Local Churches argue first that the circuit court ignored viable exceptions to
the ecclesiastical abstention doctrine and dismissed their constructive fraud, breach of
fiduciary duty, and breach of contract claims incorrectly. Citing case law from other
13
jurisdictions, they contend that the court could have applied neutral principles of law and
could have recognized the fraud exception to the doctrine to resolve those claims. The
Conference responds that the court concluded rightly that neutral principles of law couldn’t
resolve the Local Churches’ claims because they would have required the court to interpret
the Book of Discipline and assess the Conference’s compliance with its own ecclesiastical
law. The Conference argues that the cases cited by the Local Churches are distinguishable,
that the circuit court lacked jurisdiction to scrutinize the UMC’s financial operations and
internal governance, and that the fraud exception is narrow and doesn’t apply here.
Ecclesiastical abstention, also known as the church autonomy doctrine, prohibits
civil courts from resolving religious questions, as proscribed by the Free Exercise and
Establishment Clauses of the First Amendment to the United States Constitution. Vaughn
v. Faith Bible Church of Sudlersville, 248 Md. App. 477, 485 (2020) (citing Lang v. Levi,
198 Md. App. 154, 169 (2011)); Bourne v. Ctr. on Children, Inc., 154 Md. App. 42, 52–53
(2003) (“religious organizations require ‘an independence from secular control or
manipulation—in short, power to decide for themselves, free from state interference,
matters of church government as well as those of faith and doctrine’” (quoting Kedroff v.
St. Nicholas Cathedral, 344 U.S. 94, 116 (1952))); Marjorie Shields, Annotation,
Construction and Application of Church Autonomy Doctrine, 123 A.L.R. 5th 385 (2004)
(“the ‘church autonomy doctrine’ deals with a church’s First Amendment right to
autonomy in making decisions regarding its own internal affairs, including matters of faith,
14
doctrine, and internal governance.”).2 In particular, secular courts must avoid adjudicating
disputes “‘on the basis of religious doctrine and practice,’” resolving matters of “‘church
doctrine or governance,’” or deciding secular matters in ways that entangle the court in
“‘questions of religious doctrine, polity, and practice.’” Nouri v. Dadgar, 245 Md. App.
324, 345 (2020) (first quoting Jones v. Wolf, 443 U.S. 595, 602 (1979); then quoting Downs
v. Roman Catholic Archbishop of Balt., 111 Md. App. 616, 622 (1996); and then quoting
From the Heart Church Ministries v. African Methodist Episcopal Zion Church, 370 Md.
152, 179 (2002)). If the core of a dispute concerns “‘theological controversy, church
discipline, ecclesiastical government, or the conformity of [church members] to the
standard of morals required by them,’” we are constrained constitutionally from getting
involved. Downs, 111 Md. App. at 622 (quoting Watson v. Jones, 80 U.S. 679, 733 (1872)).
And even if the dispute before us is one that would otherwise be justiciable if presented by
secular litigants, it falls outside our authority if resolving it “would require [us] to
adjudicate matters of church doctrine or governance, or to second-guess ecclesiastical
decisions made by a church body created to make those decisions . . . .” Id.
That said, this constitutional constraint applies only to matters “‘strictly and purely
ecclesiastical [in] character,’” Serbian E. Orthodox Diocese for U.S. of America and Can.
2
The Maryland Declaration of Rights protects religious liberty as well. See Md. Const. art.
36; see also Barghout v. Mayor and City Council, 325 Md. 311, 324–28 (1992)
(considering a challenge under Article 36). The parties have not briefed whether Article 36
imposes any independent limitation on the role of Maryland courts in resolving
ecclesiastical disputes, so we don’t address that question and we resolve this case entirely
under the First Amendment to the United States Constitution.
15
v. Milivojevich, 426 U.S. 696, 713 (1976) (quoting Watson, 80 U.S. at 733), where
“religious doctrine, biblical interpretations, or other ecclesiastical matters” form the basis
of the dispute. Vaughn, 248 Md. App. at 491; Nouri, 245 Md. App. at 324. After all, some
controversies are “‘simply disputes as to the meaning of agreements on wills, trusts,
contracts, and property ownership [that are] . . . questions of civil law and are not predicated
on any religious doctrine.’” From the Heart, 370 Md. at 181 (quoting Presbytery of Beaver-
Butler of United Presbyterian Church v. Middlesex Presbyterian Church, 489 A.2d 1317,
1321 (Pa. 1985)). Other disputes involve nondoctrinal questions, such as whether there was
an agreement between the parties and, if so, the terms of their agreement. Middlesex
Presbyterian Church, 489 A.2d at 1321. “‘The relevant inquiry is whether the question can
be decided on the basis of neutral principles of law which do not involve the resolution by
the court of ecclesiastical issues, or doctrinal proprieties.’” Mt. Olive Afr. Methodist
Episcopal Church of Fruitland, Inc. v. Bd. of Incorporators of the Afr. Methodist Episcopal
Church Inc., 348 Md. 299, 312 (1997) (quoting Calvary Presbyterian Church of Balt. City
v. The Presbytery of Balt. of United Presbyterian Church in U.S., 39 Md. App. 405, 417
(1978)); see Eritrean Orthodox Tweahdo Diocese of USA & Canada v. Sinoda, ___ Md.
___, No. 49, Sept. Term 2025, slip op. at 7 (filed July 23, 2026) (“If a court need not answer
an ecclesiastical question to resolve a dispute, and can instead apply neutral principles of
law to decide the merits, then the court must do so.”).
“Neutral principles of law are principles that are ‘applicable not only to religious
bodies, but to public and private lay organizations and to civil governments as well.’” From
the Heart, 370 Md. at 180 (quoting Kennedy v. Gray, 807 P.2d 670, 676 (Kan. 1991)).
16
Which neutral principles should apply “will vary with the subject matter of the case.”
Nouri, 245 Md. App. at 346. See generally, id. at 346–47 (courts can use neutral principles
of law to decide breach of contract); Vaughn, 248 Md. App. at 486 (courts can apply neutral
principles of law to resolve a secular dispute between religious organizations that require
“interpretation of corporate charters or bylaws.”); From the Heart, 370 Md. at 179–80
(courts can rely on neutral principles of law to resolve church property disputes). “Each set
of circumstances must be evaluated on an individual basis by the court to determine
whether, under the facts of the particular case, a court would be forced to wander into the
‘theological thicket’ in order to render a decision.” American Union of Baptists, Inc. v.
Trustees of Particular Primitive Baptist Church at Black Rock, Inc., 335 Md. 564, 574
(1994). This neutral analysis “may involve examination of some religious instruments,
such as a church constitution, [but so long as] the inquiry [is] performed in purely secular
terms without relying ‘on religious precepts’” civil courts will have observed the
constitutional line. From the Heart, 370 Md. at 180 (quoting Jones, 443 U.S. at 604).
The Local Churches claim that the circuit court applied the church autonomy
doctrine improperly to decline review of their constructive fraud, breach of fiduciary duty,
and breach of contract claims. We begin with their constructive fraud and breach of
fiduciary duty claims, see Moon v. Fam. Fed’n for World Peace and Unification Int’l, 281
A.3d 46, 62 (D.C. 2022) (“In determining whether a controversy is justiciable,
we . . . consider ‘the actual issues the court has been asked to decide’” (quoting Family
Fed'n for World Peace v. Hyun Jin Moon, 129 A.3d 234, 249 (D.C. 2015)), to which they
argue that the court should have applied a fraud or collusion exception to the church
17
autonomy doctrine. See id. at 70 (noting that the United States Supreme Court has “strongly
suggested” that an exception exists where courts could decide ecclesiastical disputes “when
religious figures act in bad faith for secular purposes.” (cleaned up)). The general idea
behind this exception is that although “freedom to believe is absolute . . . freedom to act
cannot be [and a] church may not hide behind the first amendment when perpetrating fraud
upon the public or its members.” Roman Cath. Diocese of Jackson v. Morrison, 905 So.2d
1213, 1240 (Miss. 2005). But the tort of intentional misrepresentation, or fraud, is a
separate cause of action that the Local Churches didn’t plead in their amended complaint,
see generally Hoffman v. Stamper, 385 Md. 1, 28 (2005) (stating elements required to prove
fraud claim in Maryland); D’Aoust v. Diamond, 197 Md. App. 195, 216 (2010) (unlike
constructive fraud, actual fraud is an intentional tort), aff’d in part, rev’d in part, 424 Md.
549 (2012). And even if they had, the record does not reveal a secular purpose that could
have motivated the Conference’s adoption of the payment requirement or its management
of the pension funds. As