Destefano v. Grabrian
In Destefano v. Grabrian, 763 P.2d 275, 277-78 (Colo. 1988) a husband sued a priest and the diocese after the priest, who had been acting as a marriage counselor, engaged in a sexual relationship with his wife
The defendants moved to dismiss, arguing that sacramental counseling was an ecclesiastical matter and that the court could not interfere. Id. at 283.
The court acknowledged that marital counseling might involve spiritual counseling as well, but concluded that the First Amendment did not immunize the defendants there because it was not alleged that the priest's sexual activity was conduct that "falls within the practices or beliefs of the Catholic church." Id. 763 P.2d at 283-84.