Superior Court 7/29/08 - ANNESS COOPER v. CHURCH OF ST. BENEDICT

ANNESS COOPER v. CHURCH OF ST. BENEDICT
No. 879 MDA 2007 2008 PA Super 171 Atlantic: n/a Filed: 7/29/2008
Appeal from the Order entered April 20, 2007, Court of Common Pleas, Schuylkill County, Civil Division at No. S-2001-2006
Before: FORD ELLIOTT, P.J., DONOHUE, and POPOVICH, JJ.
Opinion by: DONOHUE, J.
Concurring Statement by: FORD ELLIOT, P.J.
In this appeal, Anness Cooper (“Cooper”) appeals the trial court’s order granting preliminary objections in the nature of a demurrer filed by the Church of St. Benedict (the “Church”). Because we conclude that the trial court erred as a matter of law, we reverse.

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The trial court granted the Church’s preliminary objections and
dismissed Cooper’s Second Amended Complaint. In its written opinion, the
trial court offered the following reasons for its disposition of the case:

We accept the argument of [the Church] that
[Cooper’s] contract claim against Defendant Roman
Catholic Church is barred by the Free Exercise Clause
of the First Amendment to the United States
Constitution which prohibits judicial encroachment
upon decisions made by a religious institution
concerning the employment of its ministers. Because
the Roman Catholic Church views music as an
integral part of its Catholic worship, the
Organist/Musical Director is considered a minister of
the Church. Therefore, this Court has no subject
matter jurisdiction.