Supreme Court of the United States · Official docket →
Gordon College, et al. v. Margaret DeWeese-Boyd
Paid petition · Supreme Judicial Court of Massachusetts, No. SJC-12988 · judgment March 5, 2021
Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
In Our Lady of Guadalupe School v. MorrisseyBerru, 140 S. Ct. 2049 (2020), this Court instructed lower courts to consider a variety of factors in determining when the ministerial exception applies. Yet, in clear conflict with that decision and those of other, lower courts, the Massachusetts Supreme Judicial Court rejected Petitioner Gordon College’s designation of its faculty as “ministers,” even though Gordon’s professors are “Christian educators” who are the College’s primary means of accomplishing its religious charge—to “transmit, carry, and advance the Christian mission through teaching, scholarship and service,” App.120a—by integrating their evangelical Christian faith in all their teaching and scholarship. Instead, the court focused on the fact that this faculty member did not teach religion and was not required to lead devotional, prayer, or chapel exercises. That decision misunderstands the importance of the integration of religious faith with academic disciplines, exacerbates a split of authority, and presents two questions for review:
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Whether professors at religious colleges perform ministerial functions when the college exists to spread its faith, and the college requires faculty, as a primary component of their position, to integrate Christian doctrine into their work and academic disciplines, engage in teaching and scholarship from a decidedly religious perspective, and serve as advisors and mentors for student spiritual formation.
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Whether the First Amendment requires courts to defer to the good-faith characterization of a ministerial position by a religious organization or church.
Counsel of record
For petitioner
John J. Bursch
Alliance Defending Freedom
For respondent
Hillary Ada Schwab
Fair Work, P.C.
Case
Conference history
Distributed for 7 conferences
Amicus briefs
10 cert-stage
Argument & decision
Decided February 28, 2022.
Proceedings
- Feb 28 2022Petition DENIED. Statement of Justice Alito, with whom Justice Thomas, Justice Kavanaugh, and Justice Barrett join, respecting the denial of certiorari. (Detached Opinion)
- Feb 22 2022DISTRIBUTED for Conference of 2/25/2022.
- Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Jan 04 2022Rescheduled.
- Jan 03 2022DISTRIBUTED for Conference of 1/7/2022.
- Dec 07 2021Rescheduled.
- Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 30 2021Rescheduled.
- Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 15 2021Reply of petitioners Gordon College, et al. filed. (Distributed)
- Nov 01 2021Brief of respondent Margaret DeWeese-Boyd in opposition filed.
- Sep 02 2021Brief amici curiae of Jewish Coalition for Religious Liberty and Agudath Israel of America filed.
- Sep 02 2021Brief amici curiae of The Cardinal Newman Society, et al. filed.
- Sep 02 2021Brief amici curiae of Association of Classical Christian Schools, et al. filed.
- Sep 02 2021Brief amici curiae of Benedictine College, et al. filed.
- Sep 02 2021Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Sep 02 2021Brief amici curiae of Nebraska, et al. filed.
- Sep 02 2021Brief amicus curiae of National Hispanic Christian Leadership Conference filed.
- Sep 02 2021Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
- Sep 02 2021Brief amicus curiae of Islam and Religious Freedom Action Team of the Religious Freedom Institute filed.
- Aug 31 2021Brief amicus curiae of Association of Christian Schools International filed.
- Aug 17 2021Blanket Consent filed by Respondent, Margaret DeWeese-Boyd
- Aug 16 2021Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2021.
- Aug 13 2021Motion to extend the time to file a response from September 2, 2021 to November 1, 2021, submitted to The Clerk.
- Aug 10 2021Blanket Consent filed by Petitioner, Gordon College, et al.
- Aug 02 2021Petition for a writ of certiorari filed. (Response due September 2, 2021)