No. 18-826

Kenneth Shelton v. Anthonee Patterson

Lower Court: Pennsylvania
Docketed: 2019-01-02
Status: Denied
Type: Paid
Response Waived
Tags: church-autonomy first-amendment hosanna-tabor hosanna-tabor-v-eeoc intra-church-disputes intra-church-litigation jones-v-wolf judicial-scrutiny leadership-succession neutral-principles religious-dispute serbian-eastern-orthodox-diocese-v-milivojevich
Key Terms:
Arbitration FirstAmendment
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether this Court should clarify Jones v. Wolf and Hosanna-Tabor v. E.E.O.C., given the doctrinal uncertainty and unpredictability reflected in inconsistent application in federal and state courts, and limit the ability of courts to disregard core church autonomy principles in the adjudication of intra-church disputes

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has made plain that States may adjudicate disputes that arise within religious communities, so long as they can be resolved on “neutral principles.” Jones v. Wolf, 443 U.S. 595, 602 (1979). But Wolf cautioned that where the resolution of a controversy even under a “neutral principles” approach requires the evaluation and interpretation of a religious matter, broadly construed, the civil courts must defer to the religious community on those issues, applying Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 710 (1976). And then, in AHosanna-Tabor Evangelical Lutheran Church & School v. E.E.O.C., 565 U.S. 171, 195 n.4 (2012), this Court opined that church disputes over ministry are not per se exempt from judicial scrutiny under church autonomy principles, and that they should instead be treated as affirmative defenses, leading to further confusion in the application of this precedent in the lower courts. After nearly a quarter century of litigation, the court below—ostensibly following “neutral principles” as contemplated by Wo/f—-has directed that a nonmember of a religious community be installed in the highest leadership position of the Church of the Lord Jesus Christ of the Apostolic Faith, displacing its duly elected leader. The case below thus presents a matter for plenary review related to the inconsistent application of this Court’s precedent: Whether this Court should clarify Jones v. Wolf and Hosanna-Tabor v. E.E.0.C, given the doctrinal uncertainty and unpredictability reflected in inconsistent ii application in federal and state courts, and limit the ability of courts to disregard core church autonomy principles in the adjudication of intra-church disputes.

Docket Entries

2019-02-19
Petition DENIED.
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent Anthonee J. Patterson to respond filed.
2018-12-28
Petition for a writ of certiorari filed. (Response due February 1, 2019)
2018-10-22
Application (18A408) granted by Justice Alito extending the time to file until December 28, 2018.
2018-10-16
Application (18A408) to extend the time to file a petition for a writ of certiorari from October 29, 2018 to December 28, 2018, submitted to Justice Alito.

Attorneys

Anthonee J. Patterson
Anthonee J. Patterson — Respondent
Kenneth Shelton
Danielle BanksStradley, Ronon, et al., Petitioner