Via – The Hollywood Reporter
New court papers argue that four suing women consented to “ecclesiastical rule” and forever relinquished their right to sue.
Can the Church of Scientology escape the U.S. civil justice system? On Tuesday, in a lawsuit that alleges four women were stalked and harassed after they told the Los Angeles Police Department about sexual assaults by ’70s Show actor Danny Masterson, the Church of Scientology pushed to compel “religious arbitration.”
Chrissie Carnell Bixler, Marie Riales and two Jane Does filed their lawsuit in August claiming stalking, invasion of privacy and intentional infliction of emotional distress. In reaction, Masterson told The Hollywood Reporter that the suit was “beyond ridiculous” and that the “public will finally be able [to] learn the truth.” He added that he’d sue his ex-girlfriend and others for dragging him into a mess that has tarnished his reputation.
But the big move comes from the Church of Scientology, a co-defendant in the case. The argument being made is that these women agreed to ecclesiastical justice procedures when they first committed to practice Scientology. A Los Angeles Superior Court judge is presented with their written agreements.
Thanks to the Federal Arbitration Act, compulsory arbitration is favored upon mutual consent. Over the years, that’s left a wide range of individuals with lesser bargaining power — everyone from employees to those signing up for tech service — complaining about unconscionable agreements, but for the most part, the Supreme Court has enforced arbitration agreements. But this typically means that litigants go to JAMS, AAA or other alternative arbitration venues. Here, the Scientologists step forward with a motion that would go far in shielding its leaders from facing civil claims.
“Under the Free Exercise and Establishment Clauses of the United States and California Constitutions the Church may establish its own rules governing its relationship with its members exempt from civil law,” states a motion to compel religious arbitration. “The Church’s ecclesiastical arbitration is a condition of participating in Scientology services. This Court may not interfere with this condition by imposing civil rules for arbitration. The Church’s arbitration agreements, as written and agreed to, must be enforced.”
According to new court papers, the women each executed agreements, stipulating, “My freely given consent to be bound exclusively by the discipline, faith, internal organization, and ecclesiastical rule, custom, and law of the Scientology religion in all matters relating to Scientology Religious Services, in all my dealings of any nature with the Church, and in all my dealings of any nature with any other Scientology church or organization which espouses, presents, propagates or practices the Scientology religion means that I am forever abandoning, surrendering, waiving, and relinquishing my right to sue, or otherwise seek legal recourse with respect to any dispute, claim or controversy against the Church, all other Scientology churches, all other organizations which espouse, present, propagate or practice the Scientology religion, and all persons employed by any such entity both in their personal and any official or representational capacities, regardless of the nature of the dispute, claim or controversy.”
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