Right or Wrong? Defamation

A church fired a friend of mine from its staff. My friend insists the personnel committee engaged in defamation of character during the termination process. The committee claims, “Those laws don’t apply to us.” Is this true?

No. The committee is wrong both legally and ethically. The U.S. Constitution prohibits the government from advancing or inhibiting religion. We often say we should not want government to do anything favoring our religion that we wouldn’t want it to do for all religions, and we shouldn’t want government to do anything to interfere with another religion that we would not want done to interfere with our religion. That being said, we are not above the law in how we behave just because we are conducting church business.

Defamation can occur when we say or write something that is untrue and that damages someone’s reputation. Whether the statements are true and the amount of damage are issues that would be determined by a court. Untrue negative statements about a person’s profession are presumed to be damaging. Often, the issue is whether damaging comments are false assertions of fact or merely expressions of opinion. The latter may not result in damages.

A constituional defense

If the committee wishes to escape legal liability for its bad behavior, it might argue a constitutional defense. The committee might claim any statements its members made concerned matters of theology. Members may assert that separation of church and state should prevent a court from intervening and determining religious matters.

Doing so, however, would seem to verify this committee feels compelled to damage the person being let go and then look for a legal loophole to prevent themselves from upholding the same standards of civility that apply to others. The committee members may find the various defenses to be small consolation if they find themselves paying the emotional and financial price to defend a lawsuit.

A sad attitude

The committee’s response is sad. Why would folks who claim to be Christians and are representing their church adopt such an attitude? While their legal analysis seems faulty, their adherence to Christ’s second commandment clearly is inadequate. Being fired can be devastating emotionally and financially to the employee, whether in a secular occupation or church staff.

Treating an employee with crass disregard and potentially damaging his ability to earn a living is bad enough in the outside world. In the confines of the church, it is deplorable. Church personnel committees should go above and beyond what we expect in the secular workplace to handle church staff changes with kindness. They should seek to make a personnel change in a way that minimizes any damage to the terminated staff member.

This committee’s attitude that it is free to violate secular laws also makes clear that members, at least in this instance, feel they are above the higher law that compels us to love our neighbor and treat others as we wish to be treated.

Cynthia Holmes, attorney

Former moderator, Cooperative Baptist Fellowship

Clayton, Mo.

Right or Wrong? is co-sponsored by the Texas Baptist theological education office and Christian Life Commission. Send your questions about how to apply your faith to [email protected].