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Mississippi District Council for Assemblies of God v. Kevin Beachy, et al.

Paid petition · Supreme Court of Mississippi, No. 2021-CA-01007-SCT · judgment August 24, 2023


Certiorari denied · November 4, 2024
Pre-decision estimate: 11% cert probability (95% interval 6%–18%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a state or local-government petitioner, and a circuit split argued in the petition.

Question presented

More than 150 years ago, this Court held that “legal tribunals must accept” the decisions of ruling church authorities as “final” and “binding” in intrachurch disputes that turn on ecclesiastical questions. Watson v. Jones, 80 U.S. (13 Wall.) 679, 727 (1871). This Court has since made clear that the First Amendment compels such deference. See, e.g., Jones v. Wolf, 443 U.S. 595, 602 (1979). That principle should have easily resolved this case. The Assemblies of God is a hierarchical church. Within its structure, Petitioner possesses the authority to supervise local assemblies and exercise direct control over those assemblies that fail to meet the requirements for selfgovernance set forth in the church’s governing documents. When Petitioner exercised that ecclesiastical authority over the Gulf Coast Worship Center, Respondents refused to accept the new pastor that Petitioner had appointed. They instead claimed that the Worship Center had disaffiliated from the Assemblies of God, even though Respondents lacked authority to bind the Worship Center and failed to follow mandatory procedures for disaffiliation. Rather than risk a breach of the peace, Petitioner sought a peaceful resolution in the courts as to control over the Worship Center. But the court below refused to accept Petitioner’s ecclesiastical decisions. It instead held that the First Amendment deprived it of jurisdiction to resolve the matter at all. The question presented is: Whether the First Amendment deprives courts of jurisdiction to enforce the ecclesiastical decisions of religious authorities in an intra-church dispute.

Counsel of record

For petitioner
Michael Hugh McGinley
Dechert LLP

For respondent
Robert Mark Loeb
Orrick, Herrington & Sutcliffe LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
23A639

Proceedings

  1. Nov 04 2024
    Petition DENIED.
  2. Oct 16 2024
    DISTRIBUTED for Conference of 11/1/2024.
  3. Oct 15 2024
    Reply of petitioner Mississippi District Council Assemblies of God filed. (Distributed)
  4. Sep 27 2024
    Brief of respondents Kevin Beachy, et al. in opposition filed.
  5. Aug 21 2024
    Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2024.
  6. Aug 20 2024
    Motion to extend the time to file a response from August 28, 2024 to September 27, 2024, submitted to The Clerk.
  7. Jul 29 2024
    Response Requested. (Due August 28, 2024)
  8. Jul 17 2024
    DISTRIBUTED for Conference of 9/30/2024.
  9. May 31 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including June 20, 2024.
  10. May 15 2024
    Motion to extend the time to file a response from May 20, 2024 to June 20, 2024, submitted to The Clerk.
  11. Apr 17 2024
    Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2024.
  12. Apr 15 2024
    Motion to extend the time to file a response from April 18, 2024 to May 20, 2024, submitted to The Clerk.
  13. Mar 15 2024
    Petition for a writ of certiorari filed. (Response due April 18, 2024)
  14. Feb 08 2024
    Application (23A639) granted by Justice Alito extending the time to file until March 15, 2024.
  15. Feb 06 2024
    Application (23A639) to extend further the time from February 16, 2024 to March 15, 2024, submitted to Justice Alito.
  16. Jan 16 2024
    Application (23A639) granted by Justice Alito extending the time to file until February 16, 2024.
  17. Jan 04 2024
    Application (23A639) to extend the time to file a petition for a writ of certiorari from January 17, 2024 to February 16, 2024, submitted to Justice Alito.