Supreme Court of the United States · Official docket →
Marcus Turner, Sr., et al. v. Alva C. Hines, et al.
Paid petition · District of Columbia Court of Appeals, No. 16-CV-444 · judgment January 16, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
This case presents two important questions concerning the First Amendment’s protection of churches against the power of the state. A disaffected faction of a Baptist church, without any authorization from the church, sued the church leadership seeking relief solely on behalf of the church. This faction sought intrusive injunctive relief that would paralyze the church and deliver it into the hands of the court, or the plaintiffs. This Court has long held that churches have a First Amendment right “to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.” Kedroff v. St. Nicholas Cathedral, 344 U.S. 94, 116 (1952). But the D.C. Court of Appeals, along with two other lower courts, applies a one-part “neutral principles of law” test to determine whether the case raises any issues of “religious doctrine.” This inquiry focuses solely on the plaintiffs’ claims and not on the relief sought. Finding no “doctrinal” issues, the Court of Appeals ruled for the plaintiffs. At least five lower courts, more faithful to Kedroff, add a second inquiry – whether the case intrudes coercively into the internal affairs and governance of the church. And on the second question presented, there is a split between the D.C. Court of Appeals and the D.C. Circuit. The questions presented are: I. Does the First Amendment require courts, in applying “neutral principles of law” in a church dispute,
Counsel of record
For petitioner
Joseph Edward Richotte
Butzel Long
For respondent
Mitchell Y. Mirviss
Venable LLP
Proceedings
- Dec 09 2019Petition DENIED.
- Nov 20 2019DISTRIBUTED for Conference of 12/6/2019.
- Nov 18 2019Reply of petitioners Dr. Marcus Turner, et al. filed.
- Nov 04 2019Brief of respondents Alva C. Hines, et al. in opposition filed.
- Sep 17 2019Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
- Sep 12 2019Motion to extend the time to file a response from October 3, 2019 to November 4, 2019, submitted to The Clerk.
- Sep 03 2019Response Requested. (Due October 3, 2019)
- Sep 03 2019Brief amicus curiae of Bishop Kenneth Shelton filed.
- Sep 03 2019Brief amicus curiae of Thomas More Society filed.
- Aug 30 2019Blanket Consent filed by Petitioners, Dr. Marcus Turner, et al.
- Aug 28 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 21 2019Waiver of right of respondents Alva C. Hines, et al. to respond filed.
- Aug 12 2019Certificate of service of the notification of docket entry and waiver form not accepted for filing. (August 12, 2019 -- Document not of the type that is to be filed electronically)
- Jul 30 2019Petition for a writ of certiorari filed. (Response due September 3, 2019)
- Jul 10 2019Application (18A1261) granted by The Chief Justice extending the time to file until July 30, 2019.
- Jun 28 2019Application (18A1261) to extend further the time from July 10, 2019 to July 30, 2019, submitted to The Chief Justice.
- Jun 05 2019Application (18A1261) granted by The Chief Justice extending the time to file until July 10, 2019.
- May 31 2019Application (18A1261) to extend the time to file a petition for a writ of certiorari from June 10, 2019 to July 10, 2019, submitted to The Chief Justice.