NASHVILLE (BP) – The Tennessee Supreme Court will hear the appeal of the Southern Baptist Convention as it tries to protect its constitutional rights in a case connected to an inquiry by the SBC Credentials Committee.
Preston Garner, a longtime worship pastor and school music teacher, and his wife Kellie filed suit in 2023 against the SBC, Guidepost Solutions and others. The Garners are alleging defamation/libel and slander, defamation by implication, invasion of privacy and loss of consortium.
The Garners claim the SBC defamed them in an inquiry made by the SBC Credentials Committee to a church in friendly cooperation with the SBC in the course of following up on a confidential report made to the SBC’s abuse hotline.
The SBC argued in court that it was protected by the church autonomy doctrine, a First Amendment right which keeps courts from interfering in disputes with religious bodies that involve religious faith, doctrine, or governance.
Two lower courts rejected the SBC’s argument. The SBC asked the Tennessee Supreme Court to step in, which it has now agreed to do.
“Churches have a sacred calling to protect their flocks. When a church leader in a position of trust is accused of serious misconduct, religious bodies must be free to take action without being dragged through intrusive, costly, and unnecessary litigation. We’re confident the Tennessee Supreme Court will safeguard that freedom for Southern Baptists and all religious groups across Tennessee,” Daniel Blomberg, senior counsel for Becket, told Baptist Press in written comments.
The attorney representing Preston and Kellie Garner declined to comment to Baptist Press Monday (June 23).
The SBC’s abuse hotline, which is maintained by Guidepost Solutions, received a report in 2022 from a woman claiming that Garner had sexually abused her 12 years prior when he was serving as interim pastor of Englewood Baptist Church in Rocky Mount, N.C. Guidepost relayed the information to the SBC Credentials Committee.
On Jan. 7, 2023, an SBC employee, on behalf of the Credentials Committee, sent a letter to Everett Hills Baptist Church in Maryville, Tenn., where Garner had been employed as worship pastor. The letter informed the church that the committee had “a concern regarding the relationship between Everett Hills Baptist Church in Maryville, Tennessee, and the Southern Baptist Convention. Specifically, the concern is that the church may employ an individual with an alleged history of abuse.”
The letter inquired about Everett Hills’ hiring practices and about Garner’s current employment status there and asked the church to respond within 30 days.
At the time the letter was sent, Garner was also employed as a music teacher at The King’s Academy, a Christian school. He was set to take another position at First Baptist Church of Concord, Tenn. He claims the letter and subsequent fallout caused First Baptist to withdraw its offer of employment and caused The King’s Academy to suspend him and ultimately terminate his employment.
The Tennessee Supreme Court’s order gave permission to The Jewish Coalition for Religious Liberty, the Tennessee Catholic Conference, Assembly of Canonical Orthodox Bishops of the United States of America, Lutheran Church-Missouri Synod, Anglican Church in North America, and General Conference of Seventh- Day Adventists to file amicus briefs.
The order said the case will be placed “on the docket for oral argument upon the completion of briefing.”