Case Title
The North American Mission Board of the Southern Baptist Convention, Inc. v. Will McRaney (No. 20-1158)
Document Type
Briefs and Court Filings
Publication Date
4-21-2021
Keywords
First Amendment, Free exercise clause, church autonomy doctrine, church government
Abstract
The case concerns the "church autonomy doctrine" based on the Free Exercise Clause of the First Amendment, which declares that courts may not inquire into matters of church government or into disputes of faith and doctrine. Will McRaney was fired from a leadership position in the Southern Baptist Convention because of a conflict over policies relating to the expansion of the Baptist faith. He sued the Southern Baptist Convention in tort.
The district court dismissed the suit on the grounds of the church autonomy doctrine. The Fifth Circuit reversed the district court's dismissal as "premature," asserting that there were possible neutral principles of law independent of the church autonomy doctrine that might be applicable to the case. The amicus brief in support of a petition of certiorari to the Supreme Court argues that the district court was correct in determining that the church autonomy doctrine requires dismissal of the suit.
Repository Citation
Forte, David; Clark, Elizabeth A.; Cochran, Robert F. Jr.; Esbeck, Carl H.; Garnett, Richard W.; Lund, Christopher C.; McConnell, Michael W.; Moreland, Michael P.; Pushaw, Robert J.; and Skeel, David A., "Brief of Amicus Curiae Professors Elizabeth A. Clark, Robert F. Cochran, Jr., Carl H. Esbeck, David F. Forte, Richard W. Garnett, Christopher C. Lund, Michael W. McConnell, Michael P. Moreland, Robert J. Pushaw, and David A., Skeel, Supporting Petitioners" (2021). Law Faculty Briefs and Court Documents. 27.
https://engagedscholarship.csuohio.edu/fac_briefs/27
Included in
Constitutional Law Commons, First Amendment Commons, Supreme Court of the United States Commons, Torts Commons
