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Decker v. Tschetter Hutterian Brethren Inc.5/26/1999
HTML Code Copyright State Bar of South Dakota, 1999
South Dakota Supreme Court Appeal from the First Judicial Circuit, Hutchinson County, SD Hon. Kathleen K. Caldwell, Judge
Affirmed
Argued Jan 12, 1999; Reassigned Mar 31, 1999 Opinion Filed May 26, 1999
INTRODUCTION
[ ] This case calls for a determination by this Court as to whether the underlying dispute between the parties is secular, and thus appropriate for us to adjudicate, or whether it is religious and thus beyond the jurisdiction of the courts of the State of South Dakota.
FACTS
[ ] Here, as in Serbian Eastern Orthodox Diocese v. Milivojevich, 426 US 696, 699, 96 SCt 2372, 2376, 49 LEd2d 151, 157 (1976) a case involving disputes of a religious nature, " proper perspective on the relationship of these parties and the nature of this dispute requires some background Discussion."
[ ] The Hutterite Religion traces its roots back to the time of the Reformation in Germany in the 1500's. It was founded by Jacob Hutter, its martyr, who is the source of the religion's name. Like others who have championed new religious ideas, Hutter ran afoul with the powers-at-be of his day and as a result he was burned at the stake in 1536. However, his beliefs survived him in the form of the Hutterite Church.
[ ] The Hutterite Church is a communal way of life and is based on the Book of Acts Chapter 2 and Chapter 4. For several centuries the Hutterites lived a communal agrarian lifestyle in several European countries. In the 1870's, religious persecution forced their relocation to the Midwestern United States and Canada. As a colony grew to approximately 100 to 150 members, rather than increase further, a spin-off colony would be created. Currently there are 63 colonies in North Dakota, South Dakota and Minnesota.
[ ] A colony is completely communal. The dining hall, church and school are communal. Members dress in similar clothing. The operation of the farming enterprises is also communal with the colony holding title to all real and personal property in the colony. Membership is voluntary but members are not permitted to own their own personal property. All individual labor and services are for the sole benefit of the colony and its church. To maintain this communal religious lifestyle, contact with the world outside the colony is limited only to what is regarded by colony leadership as necessary. In return colony members are provided by the colony with all the necessities of life, including food, clothing, shelter and medical care from the cradle to the grave.
[ ] This litigation involves the Tschetter Hutterian Brethren Inc., and Bur Oaks Hutterian Brethren Inc., (hereinafter "the colony") which are nonprofit corporations organized under the laws of the State of South Dakota. An inspection of the Articles of Incorporation shows the operation of the economic enterprises of the colony is inseparable from its religious principles. Membership in the colony is under the direction of the Board of Directors elected by a majority of voting members. The By-Laws indicate the Board of Directors is guided by its religious faith and failure to follow the rules of the religion and colony can lead to expulsion from the colony and its church.
[ ] These colonies belong to the Schmiedleut Conference of the Church. Rev. Jacob Kleinsasser was Senior Elder or President of the Conference, which ordinarily is a lifetime appointment. This is a powerful position as the Senior Elder acts as the final arbiter or decision-maker regarding issues affecting the members of the Church and the colonies. In 1992 a book was published accusing Re
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