No. 22-824

The Synod of Bishops of the Russian Orthodox Church Outside of Russia, et al. v. Alexander Belya

Lower Court: Second Circuit
Docketed: 2023-03-01
Status: Denied
Type: Paid
Amici (8)Relisted (3)
Tags: church-autonomy defamation-claims first-amendment immunity internal-disputes judicial-interference liability ministerial-exception religious-leadership religious-liberty
Key Terms:
FirstAmendment EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2023-06-08 (distributed 3 times)
Question Presented (from Petition)

I. Whether the First Amendment's church autonomy doctrine and its "ministerial exception" should be understood as an immunity from judicial interference in internal religious leadership disputes covered by the doctrine, or instead as a mere defense against liability. This overarching question controls the answer to two sub-questions:

A. Whether the church autonomy doctrine protects churches against merits discovery and trial; and

B. Whether denial of a dispositive motion to invoke the church autonomy doctrine is appealable on an interlocutory basis.

II. Whether a minister's defamation claims against his church arising from internal church disciplinary proceedings are barred by the church autonomy doctrine or may instead proceed under the "neutral principles" approach developed for church property disputes.

Question Presented (AI Summary)

Whether the First Amendment's church autonomy doctrine and its 'ministerial exception' should be understood as an immunity from judicial interference in internal religious leadership disputes covered by the doctrine, or instead as a mere defense against liability

Docket Entries

2023-06-12
Petition DENIED.
2023-06-05
DISTRIBUTED for Conference of 6/8/2023.
2023-05-31
Rescheduled.
2023-05-30
DISTRIBUTED for Conference of 6/1/2023.
2023-05-23
Rescheduled.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-05-08
Reply of petitioners The Synod of Bishops of the Russian Orthodox Church Outside of Russia, et al. filed. (Distributed)
2023-05-01
2023-04-28
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-03-31
2023-03-31
Brief amici curiae of Roman Catholic Archdiocese of New York, et al. filed.
2023-03-31
2023-03-31
Brief amicus curiae of Federal Courts Professor Derek T. Muller filed.
2023-03-31
2023-03-31
2023-03-31
2023-03-31
2023-03-09
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
2023-03-08
Motion to extend the time to file a response from March 31, 2023 to May 1, 2023, submitted to The Clerk.
2023-02-27

Attorneys

Alexander Belya
Bradley Scott GirardAmericans United for Separation of Church & State, Respondent
Belmont Abbey College
Joshua Craig McDanielHarvard Law School Religious Freedom Clinic, Amicus
Commonwealth of Virginia
Andrew Nathan FergusonOffice of the Attorney General, Amicus
Ethics & Public Policy Center, Islam & Religious Freedom Action Team of the Religious Freedom Institute, and Anglican Church in North America
Matthew T. NelsonWarner Norcross + Judd LLP, Amicus
Federal Courts Professor Derek T. Muller
Christopher George MichelQuinn Emanuel Urquhart & Sullivan, LLP, Amicus
Jewish Coalition for Religious Liberty
Arthur Joseph BurkeDavis Polk & Wardell LLP, Amicus
Law & Religion Scholars
Thomas G. HungarGibson, Dunn & Crutcher LLP, Amicus
Roman Catholic Archdiocese of New York, et al.
Gordon Dwyer ToddSidley Austin,LLP, Amicus
Stewards Ministries
Scott William Gaylord — Amicus
The Synod of Bishops of the Russian Orthodox Church Outside of Russia, et al.
Diana Verm ThomsonThe Becket Fund for Religious Liberty, Petitioner