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Sreng v. Trairatanaram Temple Inc.

The First Amendment of United States Constitution and Art. I, Sec. I, Par IV of the Georgia's 1983 Constitution prohibit Georgia courts from ' "determining the issues of expulsion of members, pastors and the internal procedures of a religious entity." '

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Hok Sreng filed a lawsuit against Trairatanaram Temple, Inc. and Franklin T. Ly, alleging that the Temple’s board of directors unlawfully revoked his membership in the Temple and his status as a Temple “advisor,” and that Ly falsely imprisoned him by asking a police officer to remove him from the Temple’s property. Following a hearing, the trial court dismissed Sreng’s complaint. Sreng appeals, but we find no error and affirm. Based on our de novo review of the record,1 the uncontroverted evidence shows that the Temple is a religious organization located in College Park. On or about August 17, 2008, the board of directors of the Temple voted to revoke Sreng’s membership in the Temple and his ceremonial position as an advisor to the Temple. The board also voted to prohibit Sreng from entering the Temple’s premises for religious services.

On September 16, 2008, Ly, who served as a member of the board of directors and as president of the Temple, asked a police officer to remove Sreng from the Temple’s premises and issue him a criminal trespass warning. The police officer did so, and the warning stated that Sreng would be arrested for trespass if he returned to the Temple’s premises.

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