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The Synod of Bishops of the Russian Orthodox Church Outside of Russia, et al. v. Alexander Belya

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-1498 · judgment September 16, 2022

Certiorari denied · June 12, 2023
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

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

Question presented

I. Whether the First Amendment’s church autonomy doctrine and its “ministerial exception” should be understood as an immunity from judicial interference in internal religious leadership disputes covered by the doctrine, or instead as a mere defense against liability. This overarching question controls the answer to two sub-questions: A. Whether the church autonomy doctrine protects churches against merits discovery and trial; and B. Whether denial of a dispositive motion to invoke the church autonomy doctrine is appealable on an interlocutory basis. II. Whether a minister’s defamation claims against his church arising from internal church disciplinary proceedings are barred by the church autonomy doctrine or may instead proceed under the “neutral principles” approach developed for church property disputes.

Counsel of record

For petitioner
Diana Verm Thomson
The Becket Fund for Religious Liberty

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

Case

Conference history
Distributed for 3 conferences

Amicus briefs
8 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 08 2023
    Reply of petitioners The Synod of Bishops of the Russian Orthodox Church Outside of Russia, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  8. May 01 2023
    Brief of respondent Alexander Belya in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Apr 28 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
    Main Document
  10. Mar 31 2023
    Brief amici curiae of Virginia, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Mar 31 2023
    Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
    Main DocumentProof of ServiceCertificate of Word Count
  12. Mar 31 2023
    Brief amici curiae of Law & Religion Scholars filed.
    Main DocumentCertificate of Word CountProof of Service
  13. Mar 31 2023
    Brief amicus curiae of Stewards Ministries filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Mar 31 2023
    Brief amicus curiae of Federal Courts Professor Derek T. Muller filed.
    Main DocumentProof of ServiceCertificate of Word Count
  15. Mar 31 2023
    Brief amicus curiae of Belmont Abbey College filed.
    Main DocumentCertificate of Word CountProof of Service
  16. Mar 31 2023
    Brief amici curiae of Roman Catholic Archdiocese of New York, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  17. Mar 31 2023
    Brief amici curiae of Ethics & Public Policy Center, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  18. Mar 09 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
  19. Mar 08 2023
    Motion to extend the time to file a response from March 31, 2023 to May 1, 2023, submitted to The Clerk.
    Main Document
  20. Feb 27 2023
    Petition for a writ of certiorari filed. (Response due March 31, 2023)
    PetitionAppendixCertificate of Word CountProof of Service