On August 6, 2007, the Defendant, CHRISTIAN SCIENCE BOARD OF DIRECTORS, moved
the court to dismiss Plaintiff DAVID E. ROBINSONS's Complaint, "for lack of
subject matter jurisdiction pursuant to Rule 12 (b)1" of the Massachusetts Rules
of Domestic Relations Procedure: "Failure to state a claim upon which relief
can be granted" and requested a Hearing on thier Motion to Dismiss, on the following
basis:
"Robinson has asserted an action in the nature of quo warranto
to remove the current members of the Christian Science Board of Directors (the "Board")
from office on account of their alleged violation of Mary Baker Eddy's charitable
trusts concerning The First Church of Christ, Scientist, in Boston Massachusetts
("The so-called Mother Church"); and, on account of their alleged violation
of various Church by-laws that govern the administration of The Mother Church's internal
religious affairs. However, Robinsons's action in the nature of quo warranto
against the Board is not justiciable, because he has no standing to assert an action
in the nature of quo warranto against the directors of an unincorporated religious
association.
"Further, Robinson, having been excommunicated, is no longer
a member of The Mother Church; and even if he were a member, neither Mrs. Eddy's
charitable trusts nor the Church by-laws grant church members any voting rights or
other private interests in the governance and administration of The Mother Church.
Thus, Robinson's action in the nature of quo warranto is not justiciable due
to his own lack of any private interest in Mrs. Eddy's charitable trusts, and due
to the Attorney General's exclusive right to protect public interests respecting
the administration of public charities under Mass. Gen. Laws ch. 12, Sec. 8.
"Finally,
Robinson's action in the nature of quo warranto is not justiciable, because
judicial intervention in controversies conserning the governance, administration
and polity of religious institutions is barred by the First Amendment to the United
States Constitution, and by Article II in the Massachusetts Declaration of Rights.
"In
support of this Motion, the Defendant has submitted the Affidavit of M. Victor Westburg,
and a Memorandum of Law setting forth its arguments with citations to relevant legal
authority.
"WHEREFORE, the Complaint should be dismissed for lack of
subject matter jurisdiction pursuant to Rule 12(b)1 and judgment entered for the
defendant, together with its taxable costs and its attorneys fees."
This
answer was "respectfully submitted for the Defendant, the Christian Science
Board of Directors, by the Board's attorney:"