N.J.S.A. 2C:14-2 a(5)(b). In her brief, plaintiff argues that by reason of her condition, she was legally unable to give consent to sexual relations. Plaintiff is free to pursue a remedy in the civil courts of New Jersey for such a transgression of law. She has, however, cast her complaint in a different light. Absent an amendment to assert a claim of criminal or illegal sexual conduct, there is no official state religion in New Jersey that makes Pastor MacDonell’s conduct a tort. For substantially the same reasons, plaintiff’s complaint against Reverend Fletcher Harper for breach of a pastoral fiduciary duty should be dismissed. I surmise that the Court is temporizing by remanding the matter for further proceedings that can have but one result. See Hester, supra, 723 S.W.2d at 553 (<HOLDING>). To sum up, the First Amendment offers no
holding that to adjudicate claim that divulging confidential communications to church members breached fiduciary duty would force court to judge the competence training methods and content of the pastoral function holding that a church was entitled to employ only members of its faith holding that a debtor could not relitigate the claim that the trustee breached his fiduciary duty because the bankruptcy court had already held that the trustees actions were not improper holding that members of a church congregation lacked sufficient interest to support intervention in an action by the church itself challenging the designation of the church as a landmark holding that claim of breach of fiduciary duty against pastor for sexual relationship with parishioner during the course of pastoral counseling was tantamount to impermissible clergy malpractice claim