Skip to main content
Other
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
The North American Mission Board of the Southern Baptist Convention, Inc. v. Will McRaney (No. 20-1158)
  • David Forte, Cleveland-Marshall College of Law, Cleveland State University
  • Elizabeth A. Clark
  • Robert F Cochran, Jr., Pepperdine Caruso School of Law
  • Carl H Esbeck, University of Missouri School of Law
  • Richard W. Garnett
  • Christopher C. Lund
  • Michael W. McConnell
  • Michael P. Moreland
  • Robert J. Pushaw
  • David A. Skeel
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.

Citation Information
David Forte, Elizabeth A. Clark, Robert F Cochran, Carl H Esbeck, et al.. "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" The North American Mission Board of the Southern Baptist Convention, Inc. v. Will McRaney (No. 20-1158) (2021)
Available at: http://works.bepress.com/david_forte/176/