I no know o, but i'll post it as i read it o... lol
''A pastor who admitted to having sex at his church with church members, while he was HIV-positive, is fighting in court to keep his job.
Church members said Juan McFarland admitted to the sexual improprieties from the pulpit during a Sunday morning service in September. Montgomery County Circuit Judge Charles Price barred McFarland from the Shiloh Baptist Missionary Church in October in response to legal action filed by Shiloh's deacon board. Price also ordered that McFarland turn over his keys to the church and give up his church-owned Mercedes-Benz.
On Monday, McFarland and his attorney, Montgomery lawyer Dwayne Brown, asked Price to lift his injunction and allow McFarland to return as Shiloh's pastor, claiming the church's constitution guarantees McFarland will remain pastor for life.
Price said he will rule on the motion within the next week.
McFarland took the stand during Monday's hearing and testified. Montgomery attorney Kenneth Shinbaum, who is representing Shiloh's deacon board, said McFarland pleaded the Fifth Amendment, which protects against self-incrimination, when asked if he'd had sex in the church, misappropriated funds and used illegal drugs.
Shinbaum also said McFarland appeared to have lost a significant amount of weight and at times had trouble answering questions.
Attempts to reach Brown at his office on Monday were unsuccessful.
Shiloh's deacons and trustee board vehemently disagree that McFarland can't be fired, and they claim a 2003 alteration to the church's constitution provides for firing a pastor by taking a vote of church members.
"There's really no question that took place," Shinbaum said. "They took the vote on amending their constitution, it passed and they followed it. They voted 80-something to 2 to fire him. That's their right."
New constitution
However, Shinbaum said that in the event the court might determine the original amending was invalid, church members got together on Nov. 23 and again voted to draft a new constitution.
"That one passed with better than 90 percent of the voting members approving it," Shinbaum said. "It grants the power to fire the pastor to the deacons and trustees by way of a vote. And the members again voted to fire (McFarland), just in case those other votes weren't good enough."
Shinbaum said McFarland also has argued that the courts have no authority to hear the case, because it conflicts with Shiloh's freedom of religion. But he said Price shot that argument down, saying the conflict was over a contract and not church business.
"This isn't an individual member suing the church because he didn't like something that occurred during the service," Shinbaum said. "This is the deacon board and trustees, who are responsible for operating the church, coming together to take legal action in order to remove a pastor who they feel they have every right to remove. Their constitution gives them that right."''
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