No. 20-534

All Saints' Episcopal Church (Fort Worth) v. The Episcopal Diocese of Fort Worth, et al.

Lower Court: Texas
Docketed: 2020-10-22
Status: Denied
Type: Paid
Amici (1)Relisted (2) Experienced Counsel
Tags: church-property-dispute church-property-disputes ecclesiastical-question establishment-clause express-trust-provision free-exercise free-exercise-clause jones-v-wolf neutral-principles neutral-principles-of-law
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2021-02-19 (distributed 2 times)
Related Cases: 20-536 (Vide)
Question Presented (AI Summary)

Whether the Texas Supreme Court's decision awarding petitioner's sanctuary and rectory to a dissident faction in contravention of the will of petitioner's parishioners and an express-trust provision is consistent with the Free Exercise and Establishment Clauses

Question Presented (OCR Extract)

QUESTION PRESENTED This Court historically required civil courts adjudicating church property disputes to defer to the highest church authorities. See Watson v. Jones, 80 U.S. (13 Wall.) 679 (1872). In Jones v. Wolf, 443 U.S. 595 (1979), a bare majority of the Court sanctioned another approach: the so-called “neutral principles of law” approach, which permits courts to consider, inter alia, property deeds, state statutes, and church governing documents. At the same time, Jones warned against resolving ecclesiastical questions or altering rules retroactively while providing a roadmap for avoiding entanglement going forward: Churches could adopt express-trust provisions governing church property, which civil courts would honor. Petitioner is a parish in Texas affiliated with The Episcopal Church (TEC). In the decision below, the Texas Supreme Court awarded a dissident faction more than $100 million in church property, including petitioner’s sanctuary and rectory—even though a supermajority of petitioners’ parishioners voted to remain aligned with TEC. In so doing, the court refused to enforce the express-trust provision that would ensure petitioner’s retention of its sanctuary and rectory. That decision deepens a conflict, violates Jones, and, if correct, would justify overruling Jones. The question presented is: Whether the Texas Supreme Court’s decision awarding petitioner's sanctuary and rectory to a dissident faction in contravention of the will of petitioner’s parishioners and an_ express-trust provision is consistent with the Free Exercise and Establishment Clauses.

Docket Entries

2021-02-22
Petition DENIED.
2021-02-12
DISTRIBUTED for Conference of 2/19/2021.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2021-01-06
Reply of petitioner All Saints' Episcopal Church (Fort Worth) filed. (Distributed)
2020-11-18
Brief amicus curiae of Greek Orthodox Archdiocese of America filed.
2020-11-17
Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020.
2020-11-16
Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
2020-10-19
Petition for a writ of certiorari filed. (Response due November 23, 2020)

Attorneys

All Saints' Episcopal Church (Fort Worth)
Paul D. ClementKirkland & Ellis LLP, Petitioner
General Assembly of the Presbyterian Church (U.S.A.), et al.
Mark W. MosierCovington & Burling, LLP, Amicus
Greek Orthodox Archdiocese of America
John Socratis ZavitsanosAhmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., Amicus
The Episcopal Diocese of Fort Worth, et al.
Aaron Michael StreettBaker Botts, L.L.P., Respondent
The Rutherford Institute
Tejinder SinghGoldstein & Russel, P.C., Amicus