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Faith Bible Chapel International v. Gregory Tucker

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-1230 · judgment June 7, 2022


Certiorari denied · June 12, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below.

Question presented

I. Whether the First Amendment’s “ministerial exception” should be understood as an immunity from judicial interference in church employment decisions falling within the exception, or instead as a mere defense against liability. This overarching question controls the answer to three sub-questions: A. Whether the ministerial exception protects churches against merits discovery and trial; B. Whether ministerial status is a legal question for the court or a fact question for the jury; and C. Whether denial of a dispositive motion to invoke the ministerial exception is appealable on an interlocutory basis. II. Whether the ministerial exception applies here to bar employment discrimination claims by a school chaplain who led chapel services, taught in the Bible department, and provided spiritual guidance and counseling to students.

Counsel of record

For petitioner
Daniel Howard Blomberg
The Becket Fund for Religious Liberty

For respondent
Bradley Scott Girard
Americans United for Separation of Church & State

Case

Conference history
Distributed for 4 conferences

Amicus briefs
12 cert-stage

Proceedings

  1. Jun 12 2023
    Petition DENIED.
  2. Jun 05 2023
    DISTRIBUTED for Conference of 6/8/2023.
  3. May 31 2023
    Rescheduled.
  4. May 30 2023
    DISTRIBUTED for Conference of 6/1/2023.
  5. May 23 2023
    Rescheduled.
  6. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  7. May 01 2023
    Reply of petitioner Faith Bible Chapel International filed.
  8. Apr 28 2023
    Rescheduled.
  9. Apr 25 2023
    DISTRIBUTED for Conference of 5/11/2023.
  10. Apr 10 2023
    Brief of respondent Gregory Tucker in opposition filed.
  11. Mar 10 2023
    Brief amici curiae of Brigham Young University, et al. filed.
  12. Mar 10 2023
    Brief amici curiae of Religious Liberty Professors Mark Chopko, et al. filed.
  13. Mar 10 2023
    Brief amicus curiae of Notre Dame Law School Religious Liberty Clinic filed.
  14. Mar 10 2023
    Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
  15. Mar 10 2023
    Brief amici curiae of Law & Religion Scholars filed.
  16. Mar 10 2023
    Brief amici curiae of Lutheran Church—Missouri Synod, et al. filed.
  17. Mar 10 2023
    Brief amici curiae of Association of Christian Schools International, et al. filed.
  18. Mar 10 2023
    Brief amici curiae of The Council for Christian Colleges & Universities, et al. filed.
  19. Mar 10 2023
    Brief amici curiae of Former EEOC General Counsel and Religious Nondiscrimination Expert filed.
  20. Mar 10 2023
    Brief amici curiae of Ethics and Public Policy Center, et al. filed.
  21. Mar 10 2023
    Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.
  22. Mar 10 2023
    Brief amici curiae of Oklahoma, et al. filed.
  23. Feb 15 2023
    Supplemental brief of petitioner Faith Bible Chapel International filed.
  24. Feb 13 2023
    Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2023.
  25. Feb 10 2023
    Motion to extend the time to file a response from March 10, 2023 to April 10, 2023, submitted to The Clerk.
  26. Feb 03 2023
    Petition for a writ of certiorari filed. (Response due March 10, 2023)