No. 25-849

United States Conference of Catholic Bishops v. David O'Connell

Lower Court: District of Columbia
Docketed: 2026-01-15
Status: Pending
Type: Paid
Amici (3)Response RequestedResponse Waived
Tags: church-autonomy constitutional-claims legal-defense neutral-principles religious-offering state-power
Latest Conference: N/A
Question Presented (from Petition)

For over 1,000 years, Catholics have given an annual offering to the Pope called Peter's Pence. A parishoner claims he was misled during Mass by an invitation from the pulpit that imprecisely described the Pope's use of Peter's Pence. He sued the U.S. Conference of Catholic Bishops, seeking discovery into the donors to, uses of, and internal deliberations about Peter's Pence. He requests an injunction restraining how the Church describes and uses the offering, and a refund for himself and a class of millions of donors.

The Bishops moved to dismiss under the Religion Clauses' church autonomy doctrine. The district court refused, holding the dispute could be resolved under the "neutral principles" approach developed for church property disputes. The D.C. Circuit dismissed the Bishops' interlocutory appeal, concluding that church autonomy provides only a defense against liability, not a structural immunity from suit, and that the "neutral principles" approach avoided "any violations" of church autonomy.

The questions presented are:

1. Whether church autonomy provides a structural limit on state power that protects churches from the burdens of litigating unconstitutional claims.

2. Whether a church may immediately appeal a dispositive church autonomy defense that was denied on legal grounds.

3. Whether the "neutral principles" approach applies outside the church property context to a dispute over a church's description and use of an offering that was used solely for religious purposes.

Question Presented (AI Summary)

Whether church autonomy provides a structural limit on state power that protects churches from the burdens of litigating unconstitutional claims; Whether a church may immediately appeal a dispositive church autonomy defense that was denied on legal grounds; Whether the 'neutral principles' approach applies outside the church property context to a dispute over a church's description and use of an offering that was used solely for religious purposes

Docket Entries

2026-02-20
Amicus brief of Professor Lael Weinberger submitted.
2026-02-20
Brief amicus curiae of Professor Lael Weinberger filed.
2026-02-19
Amicus brief of Sharon Fast Gustafson and Rachel N. Morrison submitted.
2026-02-19
Brief amici curiae of Former Equal Employment Opportunity Commission General Counsel, et al. filed.
2026-02-11
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2026.
2026-02-09
Motion of David O'Connell for an extension of time submitted.
2026-02-09
Motion to extend the time to file a response from March 6, 2026 to April 3, 2026, submitted to The Clerk.
2026-02-04
DISTRIBUTED for Conference of 2/20/2026.
2026-02-04
Response Requested. (Due March 6, 2026)
2026-02-02
Waiver of David O'Connell of right to respond submitted.
2026-02-02
Waiver of right of respondent David O'Connell to respond filed.
2026-01-23
Amicus brief of Christian Legal Society, Thomas More Society, the National Association of Evangelicals, Christian and Missionary Alliance, Ethics and Religious Liberty Commission, and Lutheran Church-Missouri Synod submitted.
2026-01-23
Brief amici curiae of Christian Legal Society, et al. filed.
2026-01-13
Petition for a writ of certiorari filed. (Response due February 17, 2026)

Attorneys

Christian Legal Society
Steven T. McFarlandSuite 302, Amicus
Christian Legal Society, Thomas More Society, the National Association of Evangelicals, Christian and Missionary Alliance, Ethics and Religious Liberty Commission, and Lutheran Church-Missouri Synod
Laura Darien NammoCenter for Law & Religious Freedom, Amicus
David O'Connell
Gabriel Zachiah DobleDovel & Luner, LLP, Respondent
Professor Lael Weinberger
Aaron Michael StreettBaker Botts, L.L.P., Amicus
Sharon Fast Gustafson and Rachel N. Morrison
Erika Lauren MaleyHunton Andrews Kurth LLP, Amicus
United States Conference of Catholic Bishops
Daniel Howard BlombergThe Becket Fund for Religious Liberty, Petitioner