Section 2.9 Clergy—Inappropriate Contact

• Library: Tort Law 2016

2. (§2.9) Clergy—Inappropriate Contact

Inappropriate physical contact by clergy is a growing area of caselaw both in Missouri and nationwide. Initially, the First Amendment stood as a hurdle to litigants trying to bring actions against the church. But in Gibson v. Brewer, 952 S.W.2d 239, 249 (Mo. banc 1997), the Supreme Court of Missouri determined that liability for intentional torts can be imposed without excessively delving into religious doctrine, polity, and practice. The Gibson Court held that the free exercise clause of the First Amendment did not excuse noncompliance with a valid and neutral law...