Gunn v. Mariners Church, Inc.
Filed September 2, 2008
Fourth District, Division Three
Cite as 2008 SOS 5605

Ministerial Exception in Dismissed Church Leader’s Tort Claim Sustained

The issue began when Robert Gunn was terminated as worship director for Mariners Church, Inc. after church administrators learned that he was homosexual.

Following that, Gunn sued Mariners Church, its senior pastor, its executive pastor, and members of its board of elders, alleging that the defendants made statements that he was fired because he engaged in “sinful” conduct, had suffered “a breakdown in character,” and was a “broken man.”

Gunn also claimed that he was characterized as a liar because he had allegedly denied being gay several times. He also asserted claims for intentional infliction of emotional distress, defamation, and invasion of privacy.

The defendants filed for a demurrer, which the trial court sustained on the ground that Gunn’s claims were barred by the ministerial exception.

During review, the court of appeals concluded that it was not clear from Gunn’s complaint whether the ministerial exception applied to all of his claims. Hence the case was remanded.

Gunn dismissed the individual defendants on remand, and the church sought summary judgment on the basis of the “ministerial exception”. The evidence showed by Mariners Church was made up of two parts:

• that an announcement regarding his termination would be made to the church staff, the choir, and the congregation


• that such announcements had been made in the past when other church leaders had been removed from leadership positions

The court granted summary judgment, ruling that “there was no material issue of fact as to the applicability of the ministerial exception”.

The Fourth District Court of Appeal affirmed the decision, holding that the ministerial exception applied to bar court intervention in the dispute.

By law, the ministerial exception bars courts from reviewing employment decisions by religious organizations affecting employees who have the religious duties of ministers. The exception can apply to otherwise actionable claims of defamation and invasion of privacy, when based on statements related to the hiring, firing, discipline or administration of clergy.

The court concluded further that Gunn waived his argument concerning statements he lied when he provided “no cogent analysis of his argument, offering only two sentences unsupported by any legal analysis or citation to any legal authority”. The argument therefore was deemed waived.

The Fourth Appellate District therefore affirmed a judgment, which held that the ministerial exception precluded consideration of a former pastor’s tort claims arising from announcements made by church leaders to congregation and staff that the homosexual pastor was terminated for admitting to acts, which the church consider as sinful.