I know a lot of churches practice disfellowshipping, ie, kicking somebody out of the church because he or she is an adulterer or otherwise doing something to break church law. So this woman was angry and upset that her pastor told the church at large about how she'd cheating on her husband when she was still married to him... and decided to SUE. The Texas Supreme Court said, and I agree with them, that it isn't any of the government's business to tell a church how to run itself. On the other hand, I want the Texas GOVERNMENT to keep religion in its place AS WELL, which is OUT of the taxpaying public. It's a little hypocritical to have the Texas Lege keep trying to put in crap like Bible classes into public schools -but maybe that's the answer- challenge the law. It's really too bad, though, that that will happen, further gutting school funds just because the idiots in charge can't keep church and state separate.

Although Penley told the pastor she was quitting the church, Westbrook followed the constitution and told church elders about her affair. They distributed a letter to the congregation urging them to shun her because she was seeking a divorce that was not biblically justified and had had a relationship with another man.

Penley originally sued Westbrook, the church and the church elders, accusing them of defamation, negligence and intentionally inflicting emotional distress. A trial court dismissed the case, and she appealed but later dismissed the claims against everyone but the pastor.

Kelly Shackelford, an attorney for Westbrook, called the ruling "a great victory for pastors across Texas."

"The U.S. Constitution protects the right of a church to choose its members and govern itself in any manner it chooses according to doctrine and faith, without government interference," added Hiram Sasser, who works with Shackelford at the Liberty Legal Institute.