Assembly of Bishops' Religious Freedom Amicus Brief Participation

(Last Updated June 16, 2025)

The Assembly of Canonical Orthodox Bishops is committed to helping protect the liberty of all Americans to practice their faith.

An amicus ("friend of the court") brief is a legal document submitted to a court by someone not a party to a case to provide additional information or arguments that may be helpful in reaching a decision. Since 2021, the Assembly has signed onto six amicus briefs with other religious entities of various faith traditions advocating for the protection of religious freedom principles in various courts.

The following are summaries of the cases in which the Assembly has joined amicus briefs.

Trustees of the New Life in Christ Church v. City of Fredericksburg, Virginia

Amicus Brief Date: Sept. 3, 2021
Court: U.S. Supreme Court
Issue: Whether civil authorities violate the First Amendment when they engage in their own interpretation of church doctrine to overrule a church’s determination that a particular official is a minister.
Case Summary:  The City of Fredericksburg denied real estate tax exemption on the ground that church’s college ministry leaders did not qualify as ministers under the Presbyterian Church in America’s Book of Order.
Disposition: Final decision -- The U.S. Supreme Court denied review of the case on Jan. 18, 2022, thus allowing the City of Fredericksburg’ denial of the property tax exemption for the college ministry leaders to stand.

O’Connell v. United States Conference of Catholic Bishops

Amicus Brief Date: Sept. 13, 2024
Court: U.S. Court of Appeals for District of Columbia
Issue: Whether the church autonomy doctrine protects religious organizations’ own decisions on use of donated funds from governmental interference.
Case Summary: The plaintiff alleged that Catholic priests misrepresented the allocation of donations collected through the Peter’s Pence fund, a church-run charitable campaign. The USCCB filed a motion to dismiss the case, invoking the church-autonomy doctrine, which protects religious organizations from governmental interference in internal affairs.
Disposition: The USCCB moved to dismiss the case on the ground that the case was barred by the church autonomy doctrine. The D.C. District Court denied the motion on the ground that the plaintiff’s claims raised a purely secular dispute that could be resolved based on neutral principles of law. The court also determined that the church autonomy doctrine provides a defense to liability, but does not provide a blanket immunity from being sued. The USCCB filed an appeal. On April 25, 2025 the D.C. Circuit Court of Appeals dismissed the appeal at this stage of the case on the ground that there was not a final decision ready for the Court of Appeals to consider. On June 3, 2025, the Assembly of Bishops joined other religious groups in a follow-up amicus brief requesting the full D.C. Circuit Court of Appeals reconsider the decision denying the USCCB’s request to dismiss the case.  

Apache Stronghold v. United States

Amicus Brief Date: Oct. 15, 2024
Court: U.S. Supreme Court
Issue: Whether the government substantially burdens religious exercise under the Religious Freedom Restoration Act, or must satisfy heightened scrutiny under the free exercise clause of the First Amendment, when it singles out a sacred religious site for physical destruction.
Case Summary: The Ninth Circuit Court of Appeals in 2024 refused to stop the federal government from transferring Oak Flat, a sacred native American site, to a private mining company that plans to turn the site into a mining crater, ending Apache religious practices.
Disposition: The Supreme Court denied the appeal on May 27, 2025. The Apache worship site will proceed to be converted into a mine.

Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission

Amicus Brief Date: Feb. 3, 2025
Court: U.S. Supreme Court
Issue: Whether a state violates the First Amendment's religion clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state's criteria for religious behavior.
Case Summary: The Catholic Charities Bureau (CCB) sought a religious exemption from Wisconsin’s unemployment insurance program, aiming to join the Wisconsin Bishops’ Church Unemployment Pay Program instead. The Wisconsin Supreme Court denied this request, ruling that CCB’s activities, while motivated by Catholic teachings, were primarily charitable and secular, not religious, because they serve people of all faiths and do not use their services to proselytize.
Disposition: On June 5th, the U.S. Supreme Court unanimously decided that the Catholic Charities Bureau was entitled to a tax exemption that had been denied by the Wisconsin state court on the ground that its activities were not primarily religious. This decision is a major victory for the protection of religious freedom of church entities.

Preston Garner v. Southern Baptist Convention

Amicus Brief Date: March 17, 2025
Court: Tennessee Supreme Court
Issue: Does the church autonomy doctrine protect a religious institution’s right to communicate freely about its internal ministerial personnel decisions without state interference.
Case Summary: The Southern Baptist Convention (SBC) initiated an investigation into allegations of sexual misconduct made against a pastor based on an anonymous report.  The pastor sued the SBC for defamation based on the investigation. The Tennessee state appellate court held that the ecclesiastical abstention doctrine does not apply. On 03/11/2025, the Southern Baptist Convention filed an appeal to the Tennessee Supreme Court.
Disposition: The Tennessee Supreme Court heard oral arguments on March 31, 2025. No ruling has been issued yet.

Lutheran Church Missouri Synod v. Concordia University of Texas

Amicus Brief Date: May 5, 2025
Court: U.S. Court of Appeals of the 5^th Cir.
Topic: Church autonomy doctrine; nonprofit incorporation|
Issue: Does the church autonomy doctrine protect a religious body’s own determination and interpretation of internal governing structures.
Case Summary: Concordia University Texas (CTX) amended its governing documents to sever itself from its founding church denomination, the Lutheran Church Missouri Synod (LCMS). The court, applying “neutral principles of law,” held that the Synod was an unincorporated association and separate legal entity from the LCMS incorporated entity.
Disposition: Pending -- LCMS filed an appeal to the Fifth Circuit Court of Appeals on Feb. 24, 2025.