No. 21-164

Trustees of the New Life In Christ Church v. City of Fredericksburg, Virginia

Lower Court: Virginia
Docketed: 2021-08-04
Status: Denied
Type: Paid
Amici (6)Relisted (10) Experienced Counsel
Tags: church-autonomy church-state-separation civil-authority civil-rights establishment-clause first-amendment free-speech ministerial-exception ministerial-exemption property-tax religious-doctrine religious-freedom
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-01-14 (distributed 10 times)
Question Presented (AI Summary)

Whether civil authorities violate the First Amendment when they engage in their own interpretation of church doctrine to overrule a church's determination that a particular official is a minister

Question Presented (OCR Extract)

QUESTIONS PRESENTED Virginia law provides an exemption from property taxes for “[r]eal property and personal property owned by churches * * * and exclusively occupied or used * * * for the residence of the minister of any church or religious body.” Va. Code § 58.1-3606(A)(2). The statute does not define the term “minister.” New Life In Christ Church claimed the tax exemption for a property occupied by Josh and Anacari Storms. The Church explained that the Stormses are “ministers” under the Presbyterian Church in America’s Book of Church Order because they were hired to teach and spread the faith to college students in the community. The City of Fredericksburg agreed that eligibility for the exemption turned on whether the Presbyterian Church in America considered the Stormses to be ministers, but it denied the exemption because, under its reading of the Book of Church Order, only ordained persons with specific duties are ministers of that church. The questions presented are: 1. Whether civil authorities violate the First Amendment when they engage in their own interpretation of church doctrine to overrule a church’s determination that a particular official is a minister and, if so, whether summary reversal is appropriate. 2. Whether, in the alternative, the Court should GVR in light of Fulton v. City of Philadelphia, 141 S. Ct. 1868 (2021), because Virginia has enacted a “system of individual exemptions” to its property tax law, and the City “may not refuse to extend that [exemption] system to [the Church] without compelling reason.” Jd. at 1878 (first alteration in original).

Docket Entries

2022-01-18
Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-164_2co3.pdf'>Opinion</a>)
2022-01-18
Motion for leave to file amici brief filed by Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. GRANTED.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2022-01-03
DISTRIBUTED for Conference of 1/7/2022.
2021-12-06
DISTRIBUTED for Conference of 12/10/2021.
2021-11-29
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
DISTRIBUTED for Conference of 11/19/2021.
2021-11-08
DISTRIBUTED for Conference of 11/12/2021.
2021-11-01
DISTRIBUTED for Conference of 11/5/2021.
2021-10-25
DISTRIBUTED for Conference of 10/29/2021.
2021-10-13
Rescheduled.
2021-10-12
DISTRIBUTED for Conference of 10/15/2021.
2021-10-06
Rescheduled.
2021-09-22
Reply of petitioners Trustees of the New Life In Christ Church filed. (Distributed)
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-03
Motion for leave to file amici brief filed by Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al.
2021-09-03
Brief amici curiae of Kentucky, et al. filed.
2021-09-03
Brief amici curiae of The Assembly of Canonical Orthodox Bishops of the United States of America, et al. filed.
2021-09-03
Brief amici curiae of American Association of Christian Schools, et al. filed.
2021-09-03
Brief amicus curiae of Coalition for Jewish Values filed.
2021-09-03
Brief of respondent City of Fredericksburg, Virginia in opposition filed.
2021-08-02
Petition for a writ of certiorari filed. (Response due September 3, 2021)

Attorneys

American Association of Christian Schools and Association of Christian Schools International
Evan Andrew YoungBaker Botts, L.L.P., Amicus
Evan Andrew YoungBaker Botts, L.L.P., Amicus
City of Fredericksburg, Virginia
Steven Ray MinorElliott Lawson & Minor, Respondent
Steven Ray MinorElliott Lawson & Minor, Respondent
Coalition for Jewish Values
Matthew Theodore MartensWilmerHale, Amicus
Matthew Theodore MartensWilmerHale, Amicus
Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al.
John J. BurschAlliance Defending Freedom, Amicus
John J. BurschAlliance Defending Freedom, Amicus
Kentucky, et al.
Brett Robert NolanKentucky Office of the Attorney General, Amicus
Brett Robert NolanKentucky Office of the Attorney General, Amicus
The Assembly of Canonical Orthodox Bishops of the United States of America, et al.
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
Trustees of the New Life In Christ Church
Allyson HoGibson, Dunn & Crutcher LLP, Petitioner
Allyson HoGibson, Dunn & Crutcher LLP, Petitioner