Quote:
Originally Posted by piece-itpete
I'm getting a feeling of some squirming here! Although I agree with Rob
If I agreet o binding arbitration on concrete issues, with my church trustees as the arbitrators, that is different how exactly than an arbitration company?
Pete
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Because, if the court is called upon to enforce the arbitration decision by the church, it must give some deference to the decision-maker, but one point of review that requires less deference is whether the arbitrator applied the correct rule of law. If the arbitrator resolved the dispute on religious principles, the power of the state can't be used to enforce those religious principles.
If you are saying that you want a religious arbitration to stand on the same footing as a commercial arbitration, you are implicitly saying that if the matter is to be enforced in the courts, you are submitting the religious determination to the courts for review. That is a result that I would would not be comfortable with, and I doubt you would either.
Regards,
D-Ray