That '70s Show and Religious Arbitration

Recently, the Superior Court of the State of California ordered that claims against Danny Masterson be heard in arbitration conducted by the Church of Scientology.

By way of background, Danny Masterson is an actor whose main claim to fame is playing the role of Steven Hyde on the Fox TV sit-com “That ‘70s Show”. He is a Scientologist. In 2017, four women came forward and accused Masterson of sexual assault. They were also Scientologists (or former Scientologists). They filed a civil lawsuit against him in 2019. Included in the case was the Church of Scientology, which the plaintiffs accused of stalking and intimidating them.

The Church responded, seeking that the claims be heard by the Church through religious arbitration. The basis of this argument is that the women, when they became members of the Church of Scientology, waived their rights to have a court hear their claims and, instead, agreed to submit to the Church’s arbitration procedures.

Per the corporate secretary and Director of Special Affairs for the Church’s “Celebrity Centre International”, the agreement states:

"In accordance with the discipline, faith, internal organization, and ecclesiastical rule, custom, and law of the Scientology religion, and in accordance with the constitutional prohibitions which forbid governmental interference with religious services or dispute resolution procedures, should any dispute, claim or controversy arise between me and the Church, any other Scientology church, any other organization which espouses, presents, propagates or practices the Scientology religion, or any person employed by any such entity, which cannot be resolved informally by direct communication, I will pursue resolution of that dispute, claim or controversy solely and exclusively through Scientology's internal Ethics, Justice and binding religious arbitration procedures, which include application to senior ecclesiastical bodies, including, as necessary, final submission of the dispute to the International Justice Chief of the Mother Church of the Scientology religion, Church of Scientology International ("IJC") or his or her designee."

The Court eventually agreed with this argument and ordered the dispute to be handled through the Church’s arbitration procedures.

Interestingly, refused to examine whether or not it was unconscionable to compel religious arbitration because doing so would require “stepping into a mire of religious doctrine — whether the rules of Scientology are fair as applied to Plaintiffs would require the Court to delve into the doctrines of Scientology. The First Amended Free Exercise Claus prevents the Court from engaging in that inquiry.”

Masterson is also currently under criminal indictment for forcibly raping three women in separate incidents at his home. If convicted, he may face 45 years in prison.

To read a copy of the Court’s opinions, click here.