940 So. 2d 247
In December 1999 the Faulkners attended the Dalraida Church of Christ in Montgomery, where M. Floyd Bailey, Jr., who held a bachelor of arts degree in Bible from Faulkner University, served as pastor.1 The church elders hired Paris Faulkner as secretary, creating frequent personal contact between her and Bailey.2
In March 2000 Bailey began advising the Faulkners on their marital problems after they discontinued sessions with licensed counselor Dr. Terry Gunnels.3 That same month Bailey and Paris secretly began a consensual sexual relationship that lasted until July 2000.4 In April 2000 Bailey urged James Faulkner to decline a job offer in Baldwin County, stating that the move could break the marriage.5
James discovered the relationship, confronted the parties, and Bailey resigned as pastor.6 Paris sought reconciliation without success, and the Faulkners divorced on January 4, 2001.7
On February 5, 2002, James Faulkner sued Bailey.8 The complaint alleged that Bailey, while acting within the line and scope of his employment with the church, assumed the duty to counsel the Faulkners concerning their marriage and negligently or wantonly performed those duties, proximately causing the failure of the marriage and extreme mental anguish.9
The negligence and wantonness claims were tried to a jury that awarded $67,000 in compensatory damages and $2,000,000 in punitive damages.10 The trial court reduced the punitive award to $1,617,000 under statutory caps but otherwise denied Bailey's postjudgment motions for judgment as a matter of law, new trial, or remittitur.11 Bailey appealed.12
Whether Faulkner's claims alleging that Bailey negligently or wantonly performed marital counseling duties amount in substance to a claim for alienation of affections?13
Ala. Code § 6-5-331 provides that there shall be no civil claims for alienation of affections.14 Courts look to the substance of the allegations rather than the form in which they are cast, and any claim for damages against a third party based on allegations of interference with the marriage relationship is barred, no matter how denominated.15
Yes. Faulkner's complaint alleged that Bailey, while acting within the line and scope of his employment with the church, assumed the duty to counsel the Faulkners concerning their marriage and negligently or wantonly performed those duties, proximately causing the failure of the marriage and extreme mental anguish. These facts establish intentional interference with the marriage rather than any negligent or wanton performance of counseling duties.16
Faulkner's claims amount in substance to a claim for alienation of affections and are barred by Ala. Code § 6-5-331.17
Related opinions on this issue
Justice Parker concurs in the reversal because the action is in essence one for alienation of affections abolished by statute.18 He cautions that the holding should not extend to bar actions against state-licensed professionals such as attorneys or doctors who enter sexual relationships with clients or patients during the performance of professional duties.19 He further explains that Alabama has never recognized and should not recognize a tort of clergy malpractice.20
Pastoral counseling standards derive from church doctrine rather than state authority.21 Judicial oversight would entangle civil courts in theological matters in violation of separation of powers and the establishment clause.22