Church autonomy returns to SCOTUS

The article discusses three key legal issues related to the "church autonomy" doctrine in the context of a case before the U.S. Supreme Court, O'Connell v. United States Conference of Catholic Bishops (USCCB). The main points are:

1. Church Autonomy as an Immunity from Suit:

   • The article argues that church autonomy should be treated as an immunity from suit rather than merely a defense to liability.
   • If it is only a defense, religious institutions would still face the burden and costs of litigation before reaching a final determination on their rights. This undermines the purpose of the doctrine, which is to protect churches from intrusive civil court proceedings.

2. Collateral Appeals for Wrongful Denials:

   • The article contends that if church autonomy is an immunity from suit, then wrongful denials of this defense should be immediately appealable.
   • Courts are divided on whether such denials can be appealed before the case concludes. Some courts, like the Fifth Circuit, allow interlocutory appeals in these cases to protect First Amendment rights.

3. The "Neutral Principles" Approach:

   • The article critiques the D.C. Circuit's reliance on the "neutral principles" approach

Read the full article at SCOTUSblog

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