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Independent Scientology and Nation of Islam news
Case Comment: Garcia V. Church of Scientology Flag Service Organization
Phil Lord
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume 86, Issue 2 (2020) pp. 211 – 222
May 2020
Case Comment: Garcia V. Church of Scientology Flag Service Organization - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
* * * * * BEGIN ABSTRACT * * * * *
Abstract
This piece analyses the decision rendered by Judge James D. Whittemore of the United States District Court for the Middle District of Florida in the case of Garcia v Church of Scientology Flag Service Organization. It goes beyond the face of the decision, which upholds an arbitration award, to argue that the decision has significant implications for freedom of religion in the United States. More specifically, it argues that the decision narrows the grounds upon which a religious arbitration award can be vacated by a court. The decision allows religious legal systems to, in some circumstances, exist with no oversight from the court system. It exemplifies and supports the thesis that the protections afforded to religious freedom in the United States create room for religious legal systems that are inconsistent with the mainstream legal system to exist. Finally, this piece considers, in light of the obvious issues raised by Judge Whittemore’s decision, whether it might be time to rethink judicial review of religious arbitration awards.
.* * * * * END ABSTRACT * * * * *
Phil Lord
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume 86, Issue 2 (2020) pp. 211 – 222
May 2020
Case Comment: Garcia V. Church of Scientology Flag Service Organization - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
* * * * * BEGIN ABSTRACT * * * * *
Abstract
This piece analyses the decision rendered by Judge James D. Whittemore of the United States District Court for the Middle District of Florida in the case of Garcia v Church of Scientology Flag Service Organization. It goes beyond the face of the decision, which upholds an arbitration award, to argue that the decision has significant implications for freedom of religion in the United States. More specifically, it argues that the decision narrows the grounds upon which a religious arbitration award can be vacated by a court. The decision allows religious legal systems to, in some circumstances, exist with no oversight from the court system. It exemplifies and supports the thesis that the protections afforded to religious freedom in the United States create room for religious legal systems that are inconsistent with the mainstream legal system to exist. Finally, this piece considers, in light of the obvious issues raised by Judge Whittemore’s decision, whether it might be time to rethink judicial review of religious arbitration awards.
.* * * * * END ABSTRACT * * * * *