Section 5 Missouri Approach to Religion Clauses

• Library: Prof Liability 2005

In Gibson v. Brewer, 952 S.W.2d 239, 246–47 (Mo. banc 1997), the Supreme Court of Missouri applied both the establishment clause and the free exercise clause to grant constitutional protection to a religious organization against tort liability for clergy sexual misconduct. In Missouri, church personnel practices are seen as protected because of the need to avoid “excessive entanglement” under the establishment clause and also to avoid endorsement of any one model for church personnel practices in violation...