Former LDS Members Accuse Church of “False Teachings” in RICO Lawsuit

The Church of Latter-Day Saints, also known simply as the LDS Church, has some of the most interesting teachings of any religion. These teachings are now coming under scrutiny in the 9th U.S. Circuit Court of Appeals as former members pursue legal action for allegedly illegal “tithes.” Their latest strategy is to accuse the LDS Church of mail and wire fraud under the Racketeer Influenced and Corrupt Organizations Act (RICO). The former members claim that these tithes constitute fraud because the teachings of the LDS Church are inherently “false,” and this has caused the court to examine issues like the seer stone and the Book of Mormon. 

Why Courts are Usually Reluctant to Examine Church Teachings, including those of the LDS

Church-autonomy barriers generally make it impossible for courts to examine the validity of specific teachings. For obvious reasons, examining the logical validity of a belief system makes no sense from a legal standpoint. There is no way to prove that a specific teaching is true or false, as these belief systems deal with unknowable supernatural aspects of the universe. 

10th Circuit Judges Consider Secular Methods for Assessing Fraud in Religious Cases

With that said, the court seems to have left the door open for potential fraud in the LDS Church. Despite the church-autonomy barrier, there is the potential to determine the existence of fraud in religious organizations without getting bogged down by complex matters of faith. As long as judges stick to secular matters in these religious lawsuits, it could be possible to identify potential signs of fraud. 

In a 10th Circuit Court hearing, a judge questioned an LDS Church lawyer about conflicting accounts regarding the Book of Mormon. One sticking point seems to be the existence of the so-called “seer stone” – a special object that some Mormons believe Joseph Smith used to translate the Book of Mormon. However, there seems to be some controversy about the seer stone within the LSD Church – and some believe that other translation methods were used – perhaps most notably the “gold plates.” 

Inconsistencies in LDS Doctrine?

Why was this detail important? Because a former LDS member argued that if they had been aware of these inconsistencies, they might have “reassessed their beliefs” – and this may have affected their willingness to pay tithes. The LDS member’s attorney argued that “facts are different than beliefs,” highlighting the fact that the church had at least one seer stone in its possession for over a century and never revealed this object to members. 

Another judge went on to question the LDS Church attorney about the use of tithing funds – namely, the practice of funneling them toward commercial ventures. The attorney countered by claiming that any subject related to tithing was “a religious question” and therefore insulated by church-autonomy questions. 

It is not clear what the outcome of this lawsuit might be, but the fact that judges are even willing to raise questions about seer stones and golden plates is surprising. The outcome of this lawsuit might also set a precedent, perhaps limiting church-autonomy protections in the future. 

The Goal of the Universal Life Church’s Blog

Each month, various cases test the nature of religious rights in this country. While the basis for many religious rights is the United States Constitution, there are still countless cases that question the exact nature of these rights. The Universal Life Church’s blog is focused on documenting the most noteworthy of these cases in an objective manner that can be easily understood by readers. We previously discussed the LDS tithing issue in a blog post from last year.