One who voluntarily joins a
religious society or church impliedly consents to the form of government that has
been adopted by the church. Ofa v.
Where the identity of a church's governing body is a matter of substantial controversy, civil courts are not to make the inquiry into religious law and usage that would be essential to the resolution of the controversy, but instead should attempt to apply "neutral principles of law." Tele`a v. Savea, 11 A.S.R.2d 110.
When the identity of the
governing authority or authorities within a church is substantially at issue,
civil courts must refrain from delving into ecclesiastical laws and practices
that may be paramount to resolving the controversy.
A congregation's traditional deference to its minister should not be confused with absolute power to govern. Tele`a v. Savea, 11 A.S.R.2d 110.
Matai has no inherent power to govern ecclesiastic organization simply by virtue of the traditional and secular office of the matai. Tele`a v. Savea, 11 A.S.R.2d 110.
Congregational church government
is vested in the congregation, and in a case that does not involve a
"schism" a majority vote of the membership is determinative.
Ofa v.
Control over the temporal affairs of a church with a congregational form of government vests in the whole congregation or in the organism established by the majority of the congregation for such purposes. Tele`a v. Savea, 11 A.S.R.2d 110.
The power to govern a
congregational church vests in the whole congregation, or in persons or
entities which the majority of the congregation may select as the governing
authority for general or particular purposes.
SEE CONSTITUTIONAL LAW § 7(3) – FREEDOM OF SPEECH, PRESS & RELIGION
SEE REAL PROPERTY § 7(5) – DEDICATION OF LAND