wfn.org | Iowa's top court allows lawsuit against church to continue

["NewsDesk" <NewsDesk@UMCOM.ORG>]

June 19, 2003 News media contact: Kathy Gilbert7(615)742-54707Nashville,
Tenn.	10-71B{326}

DES MOINES, Iowa (UMNS) - A couple who filed a defamation lawsuit in 1999
against the United Methodist Iowa Annual Conference and a local church will
now have a chance to bring their suit to trial because of a ruling by the
state Supreme Court.

The suit revolves around a letter written by then-District Superintendent
Jerrold Swinton, in which he warned "the spirit of Satan" was at work in
Shell Rock (Iowa) United Methodist Church. 

The letter was prompted after Swinton visited the church, and Jane
Kliebenstein, then a member of the church, made comments to him about the
church pastor.

In the letter, Swinton wrote: "Folks, when is enough, enough? When will you
stop the blaming, negative and unhappy persons among you from tearing down
the spirit of Jesus Christ among you?" The letter also called on church
members to acknowledge that "the spirit of Satan" was at work in the church.

Even though the letter did not specifically mention her, Jane and her
husband, Glen Kliebenstein, claimed the letter falsely attacked her
"integrity and moral character," causing damage to her reputation in the
community.

Swinton's letter went on to advise the church's staff-parish committee to
call a meeting to propose that Jane Kliebenstein be stripped of church
offices.

A lower court had thrown out the case, arguing that the phrase "spirit of
Satan" was a "purely ecclesiastical term, deriving its meaning from religious
dogma" and thereby preventing the court from adjudicating the phrase's impact
in the context of a civil suit for defamation. The Kliebensteins appeal the
ruling to the Iowa Supreme Court.

The higher court agreed that judges could not interfere with matters of faith
and internal church discipline, but the circulation of Swinton's letter
outside the congregation "weakens the shield." The court also ruled that
although the phrase has religious roots, it carries an "unflattering secular
meaning."

The Iowa Annual Conference released the following statement about the latest
court decision: "We are disappointed in the decision and believe it to be an
unfortunate erosion of First Amendment rights of a religious organization. We
believe that the mere fact that this notice of a church meeting was
accidentally sent to non-church members should not constitute a waver of
constitutional rights. We are seeking review by the U.S. Supreme Court."
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