Snip to here.
Excommunication is not a legal matter, Anna. The fact is, if you resigned from the church, then you are excommunicant. As in; you were a member and now you are not. As well, if someone has broken the rules to the extent that he or she would have been subject to church discipline, then resigning doesn’t legally require that this discipline NOT be taken. In other words, that same freedom of religion you are talking about also means that the church can say “resign if you wish, but we are also going to ‘fire’ you.” More or less. there is no law that says a church MUST accept a resignation instead of dealing with the situation through disciplinary action, y’know.
QUOTE]
While there may not be a “law” regarding this, there is legal precedence.
THE NORMAN HANCOCK LAWSUIT (Mesa AZ 1985)
In 1985 the Mormon church ‘excommunicated’ Norman Hancock AFTER he submitted a letter of resignation to the church. Hancock filed an $18 million lawsuit against the church, saying a person has a right to voluntarily resign from a church. The suit was settled out of court and the settlement was sealed. An account on line reports that Hancock filed the suit himself, without the aid of a lawyer, after studying the Guinn case. The same account says that church lawyers started discussing with Hancock just how much money he wanted, but he told them he didn’t want their money, that what he wanted was to have his name cleared. Church representatives agreed to change the records such that there would no longer be any record of an ‘excommuication’: the records would show that he resigned (that he asked for ‘name removal’).
Also
There is one case in particular that has clearly established in case law a right that most of us believe we had all along: the right to simply resign from a church. A second case is important to establish the church’s vulnerability to lawsuits when they refuse to honor resignations.
GUINN V THE CHURCH OF CHRIST OF COLLINSVILLE
Final decision by the Supreme Court of Oklahoma, January 1989
Marian Guinn, a member of the Church of Christ of Collinsville, OK, hand delivered her resignation to the minister after he told her he was going to excommunicate her for fornication. The minister refused to honor the resignation, went ahead with the ‘excommunication’ and then announced it from the pulpit. Guinn sued and was awarded $390,000. On appeal the Oklahoma Supreme Court ruled that Guinn’s resignation was effective immediately and that anything the church or the minister received Guinn’s resignation was tortable. In other words, she could sue for anything they did after she resigned. The court ruled that with her resignation Guinn withdrew her consent to being treated as a member and she withdrew her consent to being subject to church discipline.
Of extra importance is the fact that the court ruled that the right to freedom of religion also includes the right to unilaterally resign from a church.
In several subsequent court cases the Mormon church has agreed to the principles established in Guinn. They have not even attempted to argue that the principles do not apply to them.
dailykos.com/story/2008/10/14/11624/597/670/629888
So, you see, legal action can be taken against any church that does anything relating to the individual once the resignation has been tendered.