Danny Masterson's case has refocused attention on religious arbitration, in which disputes are settled outside of courts, with little or no public scrutiny.
The Times’ series on Scientology ran in 1990 and gave a rare look at the church’s beliefs, practices and history.
his month to uphold the award. The court said Scientology had declared Garcia and his wife “suppressive persons” — a term that refers to people who have been expelled from Scientology — but rejected his claim that suppressive persons could not obtain a fair hearing from the church. Garcia can ask a larger panel of the 11th Circuit or the U.S. Supreme Court to reconsider the case. He said his lawyers have not yet decided how to proceed.
Courts also are legally obligated to favor arbitration agreements under the federal Arbitration Act of 1925. But state law determines the contours of the law, and California has been less protective of the pacts than many other states. Critics of religious arbitration have argued that the forums often deprive litigants of the full protection of the law. The 1st Amendment’s protection of religious liberties prevents courts from giving religious arbitration the same scrutiny as its secular counterpart,She noted that in some Orthodox Jewish communities, a person can face being ostracized for refusing to arbitrate a dispute in a religious proceeding.
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