How Does the First Amendment Protect Churches in Court?

About this episode

Experts discuss the First Amendment's church autonomy doctrine and its implications in court cases, particularly regarding the Catholic Church's Peter's Pence offering.

The First Amendment’s church autonomy doctrine sets a structural constitutional barrier keeping the State from interfering in certain matters of a church. While the doctrine’s roots go deeper than even the nation’s Founding, how exactly it protects churches has recently and sharply divided courts. Some courts say it provides broad protections for matters falling within its scope—barring not only liability for removing a wayward minister, but also entangling and distracting litigation into the merits of that minister’s claims. But other courts—over a chorus of dissenting colleagues—have narrowed church autonomy to barring liability only. This has many important implications, including whether there can be a right of appeal when trial courts deny church autonomy defenses and send cases to entangling merits adjudication. The Supreme Court has been asked to clarify the contours of this doctrine in a case stemming from a class action lawsuit against the U.S. Conference of Catholic Bishops that challenges how the Catholic Church has described and used Peter's Pence, an offering that has been given to the Pope for over 1,000 years. Join us as a…

People in this episode

Guests: Branton Nestor, Prof. Lael Weinberger

Topics covered

• First Amendment
• church autonomy
• court cases
• Supreme Court
• religious freedom
• legal implications

Keywords

• First Amendment
• church autonomy
• court decisions
• Supreme Court
• Peter's Pence
• religious institutions
• legal defenses

Mentioned in this episode

Organizations: Gibson, Dunn & Crutcher LLP, Antonin Scalia Law School, George Mason University, U.S. Conference of Catholic Bishops, Catholic Church

Books & works: Peter's Pence

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