Roundup of Faith Bible Amicus Briefs

Last month, Becket petitioned the Supreme Court for certiorari in a case asking whether a church has a right to choose a school chaplain free from government interference. Earlier this month, 12 amicus briefs from diverse religious groups, scholars, school associations, and 21 states asked #SCOTUS to take the case. Here’s a quick description of each brief:?

1. Diverse religious groups, including The Lutheran Church—Missouri Synod , Roman Catholic Archdiocese of New York , Ethics & Religious Liberty Commission of the Southern Baptist Convention, Assembly of Canonical Orthodox Bishops of the USA , General Council of the Assemblies of God (USA), International Society for Krishna Consciousness (ISKCON) , and the National Association of Evangelicals , argue that the Tenth Circuit’s ruling “poses grave risks to religious communities” and will “distort religious decision-making” for the many houses of worship forced to “withstand expensive and intrusive” litigation by religious leaders. These groups were represented by Victoria Dorfman and Kelly Holt of 众达律师事务所 .?

2. Constitutional scholars, including Douglas Laycock , Tom Berg , Elizabeth Clark , Robert F. Cochran, Richard Garnett , Christopher Lund, Michael Moreland , Michael Paulsen, Robert Pushaw , David A. Skeel, and Eugene Volokh , write that the ministerial exception is a “structural constitutional limitation” on the power of the state over internal religious matters. These professors were represented by Thomas Hungar , Russell Balikian , Anna Casey , Andrew Ferguson , Jun Nam, and Lavi B. of Gibson Dunn .?

3. Oklahoma and 20 other states explain that the Tenth Circuit’s ruling remaking the ministerial exception into a jury question will lead to “invasive discovery, depositions, and jury trials,” thus “threatening the constitutional boundaries of every State and the … rights of their citizens.”?

4. The Jewish Coalition for Religious Liberty , Muslim Public Affairs Council Foundation , The Aleph Institute , and Asma Uddin argue that the risks here are “acute for minority faith traditions,” who are “unfamiliar to judges and juries” and may “find it impossible” to survive litigation. They were represented by Paul Zidlicky , Daniel Hay , and Marcus Bauer of Sidley Austin LLP .?

5. Notre Dame Law School's Lindsay and Matt Moroun Religious Liberty Clinic shows how the lower court’s ruling “split with the overwhelming weight of authority” and turned the First Amendment into a pleading game that will “effectively nullify the ministerial exception itself.”

6. Former EEOC officials Sharon Fast Gustafson and Rachel Morrison warn that the “EEOC’s power and practices amplify th[e] threat” of entanglement by the Tenth Circuit’s decision. Gustafson and Morrison were represented by Elbert Lin , former D.C. Circuit Judge Thomas B. Griffith, Johnathon Schronce, and Mike Dingman of Hunton Andrews Kurth LLP .

7. Law professors Mark Chopko , Carl Esbeck , and Robert Tuttle argue that the Tenth Circuit got the scholarship wrong and the First Amendment requires resolution of the ministerial exception as a threshold issue. The professors were represented by Michael Francisco and Jonathan Ellis of McGuireWoods LLP .

8. Religious schools 美国杨百翰大学 , Southern Virginia University , and American Heritage Schools highlight the church-state dangers of requiring courts to decide “what does or does not have religious meaning.” These schools were represented by Zachary Parks, Jacob Crump , MaKade C. Claypool , and Brock Mason at Covington & Burling LLP .?

9. The Association of Christian Schools International , Colorado Catholic Conference , Christian Legal Society , The Cardinal Newman Society , and Benedictine College show that courts have long held that the First Amendment protects churches from entangling discovery and trial in leadership disputes, and the Tenth Circuit’s contrary ruling makes the First Amendment “an empty promise.” They were represented by Christian Poland and Andrea Butler of BCLP .?

10. Groups school groups, including the Council for Christian Colleges & Universities (CCCU) , Association of Catholic Colleges and Universities , Orthodox Union , and International Alliance for Christian Education, explain that the cost and entanglement of litigation over religious leadership decisions can force the schools to choose between exercising their First Amendment rights and keeping their doors open. These groups were represented by Gene Schaerr , Erik Jaffe , Hannah Clayson Smith , Kathryn Tarbert, Joshua James Prince , and Annika Boone Barkdull of Shaerr Jaffe LLP.

11. The Ethics and Public Policy Center and the Islam and Religious Freedom Action Team of the Religious Freedom Institute argue that the ministerial exception is a legal question that must be immediately appealable. Matthew Nelson , Conor Dugan , Daniel Brookins , and Katherine Boothroyd of Warner Norcross + Judd represented the two groups.?

12. A large group of religious ministries—the Billy Graham Evangelistic Association , Samaritan's Purse , Concerned Women for America , The Family Foundation, Illinois Family Institute, International Conference of Evangelical Chaplain Endorsers, National Legal Foundation , and PACIFIC JUSTICE INSTITUTE — emphasize the dangers in government second-guessing of religious leadership decisions. These groups were represented by Steve Fitschen and James Davids of the National Legal Foundation and Frederick Claybrook of Claybrook LLC.