The Roots, Applications, and Trajectory of the Church Autonomy Doctrine

The First Amendment’s Religion Clauses guarantee religious entities the freedom to make certain internal governance decisions without State interference. Supreme Court cases like Kedroff v. St. Nicholas Cathedral (1952), Serbian Eastern Orthodox Diocese v. Milivojevich (1976), Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012), and Our Lady of Guadalupe School v. Morrissey-Berru (2020) have affirmed that this constitutional protection bars civil courts from intruding into some religious matters involving faith, doctrine, and church governance. However, lower courts differ in some respects on how to understand and apply the “church autonomy doctrine.” The panel will explore the roots of the church autonomy doctrine, its recent applications, and its implications and trajectory.

Featuring:

• Prof. Thomas C. Berg, James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
• Prof. Leslie C. Griffin, William S. Boyd Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law
• Alex J. Luchenitser, Associate Vice President & Associate Legal Director, Americans United for Separation of Church and State
• Branton J. Nestor, Associate, Gibson, Dunn & Crutcher LLP
• (Moderator) Amanda Salz, Counsel, Becket Fund for Religious Liberty

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.