Opposition Brief — Mississippi District Council for Assemblies of God, Petitioner v. Kevin Beachy, et al.

Supreme Court briefSep 27, 2024

Ask Donna

What actually matters in this document.

Text

No. 23-1030

IN THE

Supreme Court of the United States

__________________________

MISSISSIPPI DISTRICT COUNCIL ASSEMBLIES OF GOD,

Petitioner,

v.

KEVIN BEACHY, EDDIE KINSEY,

ANDRE MULET, AND KRIS WILLIAMS,

Respondents.

__________________________

ON PETITION FOR A WRIT OF CERTIORARI TO

THE MISSISSIPPI SUPREME COURT

__________________________

BRIEF IN OPPOSITION

__________________________

Malcolm Jones

831 E. Scenic Drive

Pass Christian, MS 39571

E. Joshua Rosenkranz

Rachael Jensen

Duncan Hosie

ORRICK, HERRINGTON &

SUTCLIFFE LLP

51 West 52nd Street

New York, NY 10019

Robert M. Loeb

Counsel of Record

Thomas M. Bondy

Edward Williams

ORRICK, HERRINGTON &

SUTCLIFFE LLP

2100 Pennsylvania

Avenue, NW

Washington, DC 20037

(202) 339-8475

rloeb@orrick.com

Counsel for Respondents

i

QUESTION PRESENTED

Whether the Mississippi Supreme Court

properly applied the ecclesiastical abstention doctrine by declining to decide ecclesiastical questions

relating to an intra-church property dispute, and

remanding the parties’ property dispute to the state

trial court to be decided under neutral, secular principles.

ii

TABLE OF CONTENTS

Page

QUESTION PRESENTED ........................................ i

TABLE OF AUTHORITIES .................................... iv

INTRODUCTION ..................................................... 1

STATEMENT OF THE CASE .................................. 3

The Church Chooses to Disaffiliate from

the General Council of the Assemblies

of God .............................................................. 3

The District Council Brings This Suit

Against Pastor Beachy and the

Church’s Trustees........................................... 5

The Mississippi Supreme Court Reverses

the Trial Court’s Grant of Summary

Judgment and Remands for

Adjudication of the Property Dispute ............ 6

REASONS TO DENY CERTIORARI ....................... 9

I.

The Petition Improperly Seeks To Invoke

This Court’s Jurisdiction Over An

Interlocutory State-Court Order. ..................... 11

II. The Claimed Split Is Not Implicated Here

And Is Illusory In Nature................................. 16

A. The decision below would have been the

same regardless of whether the

ecclesiastical abstention doctrine bears

on a court’s subject-matter jurisdiction. ...... 19

iii

B. The majority of Petitioner’s cases giving

rise to the claimed split have nothing to

do with whether courts must reach

ecclesiastical questions in deciding

intra-church property disputes. ................... 21

C. There is no split among courts on how

to apply the ecclesiastical abstention

doctrine to intra-church property

disputes. ........................................................ 24

III. Certiorari Is Also Unwarranted Because

The Decision Below Is Correct. ........................ 28

A. Civil courts are not required to reach

questions of church governance. .................. 29

B. The property dispute was properly

remanded to be decided under neutral

principles of law............................................ 31

CONCLUSION ........................................................ 33

iv

TABLE OF AUTHORITIES

Page(s)

Cases

Bell v. Presbyterian Church (U.S.A.),

126 F.3d 328 (4th Cir. 1997)..........................21, 23

Brazauskas v. Fort Wayne-S. Bend

Diocese, Inc.,

796 N.E.2d 286 (Ind. 2003)............................23, 26

Bryce v. Episcopal Church in the

Diocese of Colo.,

289 F.3d 648 (10th Cir. 2002)........................22, 26

Celnik v. Congregation B’nai Israel,

131 P.3d 102 (N.M. Ct. App. 2006)................23, 26

Church of God in Christ, Inc. v.

Cawthon,

507 F.2d 599 (5th Cir. 1975)................................27

Church of God in Christ, Inc. v.

Graham,

54 F.3d 522 (8th Cir. 1995)............................25, 27

Cox Broad. Corp. v. Cohn,

420 U.S. 469 (1975)............................ 12, 13, 14, 15

Episcopal Church Cases,

198 P.3d 66 (Cal. 2009) ........................................28

Flynt v. Ohio,

451 U.S. 619 (1981)........................................12, 15

v

Fonken v. Cmty. Church of Kamrar,

339 N.W.2d 810 (Iowa 1983) .........................25, 27

Gen. Council on Fin. & Admin. of

United Methodist Church v.

Superior Ct. of Cal.,

439 U.S. 1369 (1978)......................................21, 22

Hyung Jin Moon v. Hak Ja Han Moon,

833 F. App’x 876 (2d Cir. 2020) ...........................23

Jefferson v. City of Tarrant,

522 U.S. 75 (1997).................................... 11, 13, 14

Johnson v. California,

541 U.S. 428 (2004)........................................12, 16

Jones v. Wolf,

443 U.S. 595 (1979)....................... 7, 10, 16, 17, 24,

25, 27, 30, 31

Kedroff v. St. Nicholas Cathedral of

Russian Orthodox Church in N. Am.,

344 U.S. 94 (1952).................................... 16, 17, 29

Kim v. True Church Members of the Holy

Hill Cmty. Church,

187 Cal. Rptr. 3d 515 (Cal. Ct. App. 2015) .........28

Market St. Ry. Co. v. R.R. Comm’n of Cal.,

324 U.S. 548 (1945)..............................................11

McRaney v. N. Am. Mission Bd. of S.

Baptist Convention, Inc.,

966 F.3d 346 (5th Cir. 2020)................................33

vi

Mt. Helm Baptist Church v. Jones,

30 So. 714 (Miss. 1901) ........................................17

Nike, Inc. v. Kasky,

539 U.S. 654 (2003)..............................................15

Pfeil v. St. Matthews Evangelical

Lutheran Church of the Unaltered

Augsburg Confession of Worthington,

877 N.W.2d 528 (Minn. 2016)........................22, 26

Presbyterian Church in the U.S. v. Mary

Elizabeth Blue Hull Mem’l

Presbyterian Church,

393 U.S. 440 (1969)..............................................24

Rutland v. Nelson,

857 F. App’x 627 (11th Cir. 2021) .......................23

Schmidt v. Catholic Diocese of Biloxi,

18 So. 3d 814 (Miss. 2009) .............................30, 32

Seattle’s Union Gospel Mission v. Woods,

142 S. Ct. 1094 (2022)..........................................19

Serbian E. Orthodox Diocese for U.S. &

Can. v. Milivojevich,

426 U.S. 696 (1976).................................. 16, 19, 29

Smith v. Charles,

24 So. 968 (Miss. 1899) ........................................17

St. Joseph Catholic Orphan Soc’y v.

Edwards,

449 S.W.3d 727 (Ky. 2014) ............................22, 26

vii

Sustar v. Williams,

263 So. 2d 537 (Miss. 1972) .................................17

Tea v. Protestant Episcopal Church in

the Diocese of Nev.,

610 P.2d 182 (Nev. 1980) .....................................28

Watson v. Jones,

80 U.S. 679 (1871).............................. 16, 19, 20, 24

Winkler v. Marist Fathers of Detroit, Inc.,

901 N.W.2d 566 (Mich. 2017) ........................22, 26

Statutes

28 U.S.C. § 1257 .......................................... 3, 9, 11, 16

Rules and Regulations

S. Ct. R. 14.1(g) .........................................................12

1

INTRODUCTION

When religious entities are in conflict and turn

to a civil court for resolution, the Constitution and

this Court’s precedents delineate clear rules about

what role the civil courts can play. Those rules are

commonly referred to as the ecclesiastical abstention

doctrine. That doctrine essentially requires civil

courts to abstain from opining on matters of faith

and church governance, such as who is the rightful

pastor of a congregation, whether a person was fairly

excommunicated from a church, or whether a church

is properly complying with governing religious tenets. Under the ecclesiastical abstention doctrine,

courts typically dismiss lawsuits in which an individual sues to challenge the ecclesiastical decisions

of a religious organization. However, there are some

limited disputes between religious entities that

courts typically do address, such as intra-church

property disputes like the one at issue in this case.

Such intra-church property disputes can sometimes

involve adjacent ecclesiastical questions relating to

church governance and adherence to the tenets of

the faith. In those circumstances, this Court holds

that a civil court can either decide the dispute based

on secular, neutral principles of law, or else defer to

the highest ecclesiastical authority (assuming who

possesses that authority is clear or uncontested) to

answer the ecclesiastical questions.

The Mississippi Supreme Court resolved the dispute between the parties here in a manner consistent with this Court’s precedent on the

ecclesiastical abstention doctrine. Citing this Court’s

precedents and its own, the Mississippi Supreme

2

Court abstained from deciding any ecclesiastical

questions and remanded the property dispute for the

trial court to resolve based on neutral, secular, statelaw principles. This Court and courts throughout the

country are in broad agreement that the ecclesiastical abstention doctrine permits the approach that

the Mississippi Supreme Court took in this case.

The Petition raises a number of irrelevant and illusory disagreements among state and lower federal

courts that are not implicated in this case and not

worthy of this Court’s review. For example, the Petition frames the issue presented as whether the ecclesiastical abstention doctrine bears on a court’s

subject-matter jurisdiction. But that question has no

relevance to this case. The Mississippi Supreme

Court, citing not only this Court’s cases but also its

own precedent pre-dating the application of the ecclesiastical abstention doctrine to the states, would

have declined to reach the ecclesiastical questions in

this case whether it had “jurisdiction” to do so or not.

And, given this Court’s express endorsement of lower

courts’ abstaining on religious questions while resolving property disputes based on neutral, secular,

state-law principles, it is no surprise that the Petition cites no case holding that state courts are required to reach the ecclesiastical questions presented

in an intra-church dispute. Rather, to the extent the

Petition cites cases in which courts adopted different

approaches to resolving intra-church disputes, those

cases simply reflect the flexibility this Court has afforded the states in resolving these kinds of cases. So

not only is the issue presented by the Petition irrelevant, it is also not the subject of disagreement in the

lower courts.

3

Furthermore, as a threshold matter, the Petition

itself suffers from a basic jurisdictional infirmity: the

decision below is an interlocutory order of a state

court—not a final judgment—and this Court thus

lacks jurisdiction to review it under 28 U.S.C.

§ 1257.

For these reasons, the Petition should be denied.

STATEMENT OF THE CASE

The Church Chooses to Disaffiliate from the

General Council of the Assemblies of God

The Gulf Coast Worship Center (“the Church”) is

a Christian church in Long Beach, Mississippi. In

November 1988, the Church applied for recognition

and became a “General Council Affiliated Assembly,”

affiliated with the General Council of the Assemblies

of God (the “General Council”). Pet. App. 3, 245, 250.

The General Council’s constitution and bylaws provide that a local church affiliating with the General

Council maintains “the right of self-government under Jesus Christ, its living Head, and shall have the

power to choose or call its pastor, elect its official

board, and transact all other business pertaining to

its life as a local unit.” Pet. App. 74 (emphasis added). The affiliating local church also “shall have the

right to acquire and hold title to property, either

through trustees or in its corporate name as a selfgoverning unit.” Id. And the “fact it is affiliated with

The General Council of the Assemblies of God shall

in no wise destroy its rights as above stated or interfere with its sovereignty.” Id. (emphasis added).

4

In 2017, Kevin Beachy, the Church’s Pastor,

with the support of his congregation, decided not to

renew his credentials as an ordained minister of the

General Council. Pet. App. 2, 4. On March 15, 2017,

Pastor Beachy informed the District Council—the

entity that sits below the General Council—that he

and the Church intended to exercise the sovereign

right (maintained under the General Council’s constitution and bylaws) to disaffiliate from the General

Council. Pet. App. 2, 4.

The next day, the District Council wrote a letter

to Pastor Beachy that the Church was being placed

under District Council supervision. Pet. App. 255.

The letter did not dispute the right as a “sovereign

church” to disaffiliate, but stated that the District

Council had to be given notice and a chance to address the members of the congregation to make its

case. Pet. App. 4-5, 255-56.

The Church responded that in previously affiliating with the General Council, it retained its status

as a “sovereign, autonomous, self-governing and selfdetermining body.” Pet. App. 262. The response continued that, based “upon the overwhelming support

of the congregation and based upon much prayer

with serious and thoughtful consideration of their

actions and consequences, the Board and the Church

Congregation have decided that they do not wish to

hold another business meeting to reconsider its decision of disaffiliation.” Pet. App. 263.

5

The District Council Brings This Suit Against

Pastor Beachy and the Church’s Trustees

In November 2017, the District Council sued

Pastor Beachy and members of the Church’s board of

trustees in Mississippi state court seeking to gain

control of the Church, its property, and its pulpit.

Pet. App. 3, 5. Pastor Beachy and the Church trustees moved to dismiss, arguing that the ecclesiastical

abstention doctrine prohibits civil courts from adjudicating the ecclesiastical questions at issue in the

case. The trial court denied the motion to dismiss.

Pet. App. 5-6, 35-45.

The District Council then amended its petition

and sought a declaration that: (1) the Church’s disaffiliation vote was void; (2) the Church “has been under District supervision since March 16, 2017”; and

(3) the Church’s property was “intended to be held in

trust and under the control of the District Council.”

Pet. App. 6, 276. The District Council also sought “an

injunction barring [Pastor Beachy and the trustee

defendants] from claiming any position of authority

or, in any way, preventing District supervision of”

the Church, including the District Council’s ability to

install a new pastor of the Church. Pet. App. 277.

Discovery ensued, and on May 15, 2020, the District Council moved for summary judgment. Pet.

App. 7. In response, Pastor Beachy and the trustee

defendants disputed the District Council’s characterization of the facts, including the validity of the District Council’s attempt to place the Church under the

District Council’s supervision and the existence of a

trust in the District Council’s favor regarding the

6

Church’s property. Id. The Church further argued

that the Church was never lawfully subjected to the

District Council’s supervision, that the Church had

the authority to hold the disaffiliation vote, and that

the ecclesiastical abstention doctrine prohibits the

trial court from adjudicating the governance issues

raised by the District Council. Id. On the same day,

Pastor Beachy and the trustee defendants moved for

summary judgment and moved to dismiss the District Council’s claims, asserting (among other things)

that the Church’s property does not belong to the

District Council and no trust exists regarding the

Church’s property. Pet. App. 7-8.

The trial court granted the District Council’s motion for summary judgment. Pet. App. 8. The trial

court held that Pastor Beachy and his congregation

had “no authority to take any action” to disaffiliate.

Pet. App. 39; see Pet. App. 7-8. The trial court further ruled that the Church had been under the District Council’s supervision since March 16, 2017, and

the District Council controlled all of the Church’s real and personal property. Pet. App. 9, 39.

The Mississippi Supreme Court Reverses the

Trial Court’s Grant of Summary Judgment and

Remands for Adjudication of the Property Dispute

The Supreme Court of Mississippi reversed the

trial court’s grant of summary judgment in favor of

the District Council and remanded for further proceedings. Pet. App. 1-34. The court held that the trial court erred in making “a judicial determination of

whether [the Church] is to remain a member of the

7

General Council and under its control.” Pet. App. 13.

The court held that the trial court’s judicial inquiry

“intrudes into the affairs of church government.” Id.

Accordingly, the trial court should not have reviewed

whether the “actions taken by Defendants during the

congregational meeting on March 19, 2017, are void.”

Id.

The court reached this result by directly drawing

on this Court’s cases concerning the ecclesiastical

abstention doctrine, as well as Mississippi precedent

predating the application of the doctrine to the

states, which the Mississippi Supreme Court explained “preclude[] judicial review of claims that require resolution of strictly and purely ecclesiastical

affairs.” Id. (internal quotation marks omitted). The

court explained that “matter[s] of internal church

government” are among the topics a court cannot resolve as they are “at the core of ecclesiastical affairs.” Id.

The court further held that, in contrast, the

property dispute between the parties was not outside

of the trial court’s authority to decide. Citing this

Court’s decision in Jones v. Wolf, 443 U.S. 595

(1979), and its own precedent, the Mississippi Supreme Court explained that this intra-church property dispute may be resolved based on neutral

principles of law, without running afoul of the ecclesiastical abstention doctrine. Pet. App. 14-15. The

court detailed how neutral principles would apply

here: “In order for the District [Council] to gain ownership of the property, [the trial court] must demonstrate either an actual transfer of property …, an

express trust, or clear and convincing evidence evinc-

8

ing an intent on the part of the local congregation to

create a ‘trust’ in favor of the denomination.” Pet.

App. 17 (cleaned up).

Analyzing the record, including affidavits, deeds,

and property records, the court concluded that the

District Council had not at this stage demonstrated

either a transfer of the Church’s property or an express trust in its favor. Pet. App. 18. The court also

determined that there is an unresolved fact issue as

to the existence of an implied trust that precluded

summary adjudication of that issue. Pet. App. 18-19.

The court, accordingly, reversed the trial court’s

grant of summary judgment in the District Council’s

favor on the property dispute and remanded the

property dispute for further proceedings regarding

the existence of an implied trust. Pet. App. 19-22.

Justice Maxwell specially concurred. Insofar as

the case involved “questions for the church, not the

civil court,” he underscored that “it was error for the

chancellor not only to entertain these questions but

also to enter summary judgment” on “these ecclesiastical matters.” Pet. App. 22. His concurrence also

stressed that the majority opinion correctly declined

to “resolv[e the] sharply contested factual disputes

surrounding the District’s relationship with [the

Church],” and that the trial court could resolve the

“disputed facts” on remand concerning the “District’s

claim that [the Church] intended for its property to

9

be placed in trust under the District’s control.” Pet.

App. 23.1

REASONS TO DENY CERTIORARI

The Petition raises no issues warranting this

Court’s review and should be denied for at least

three reasons.

First, the interlocutory state-court order at issue

is not a final judgment, as required by 28 U.S.C.

§ 1257, and does not meet any of the exceptions to

the final judgment requirement. The Mississippi Supreme Court issued no final decision in this case, but

rather remanded the property dispute for further

proceedings in the trial court. Accordingly, the Petition improperly seeks to invoke this Court’s jurisdiction at this interlocutory stage of the case.

Second, contrary to the Petition’s arguments,

lower courts are properly applying the ecclesiastical

abstention doctrine. Petitioner asserts that there is

an important dispute among the courts about

whether the doctrine bears on a court’s subjectmatter jurisdiction. But the characterization of the

court’s ruling here as jurisdictional had no bearing

on the disposition of the case. And the claimed conflict likewise has no bearing on the only question actually presented by the Petition—whether courts

Justice Ishee also concurred in part and dissented in

part. Pet. App. 23-24. Chief Justice Randolph dissented, Pet.

App. 24, arguing that the Church’s notice of disaffiliation was

“void” and that, in his view, “control of [the Church] vested

with the District Council.” Pet. App. 34.

1

10

may decline to reach ecclesiastical questions adjacent to an intra-church property dispute, and instead

remand the property dispute to be resolved based on

neutral state-law principles, if possible, as the Mississippi Supreme Court did here. Such a remand is

fully consistent with this Court’s decision in Jones,

where this Court specifically endorsed a neutralprinciples approach as a proper option for deciding

intra-church property disputes. 443 U.S. at 602-04.

The Petition does not identify any case holding that

courts must reach every ecclesiastical question presented in a dispute, notwithstanding Jones. And,

thus, the Petition does not identify any conflict on

the only question relevant to this case.

More generally, Petitioner’s framing of the question myopically focuses on whether lower courts use

the word “jurisdiction” in abstaining from reaching

ecclesiastical questions, while ignoring the widespread agreement among the courts that certain religious disputes are improper for civil courts to

address, and the similar agreement that, under

Jones, it is a proper option to resolve intra-church

property disputes using neutral, secular principles

under state law. Id. The Petition also ignores the

fact that, even if some courts choose to decide intrachurch disputes by reaching ecclesiastical questions

and deferring to the highest ecclesiastical authority,

there is no requirement that courts must do so in all

cases. And indeed, such a requirement would contradict this Court’s decision in Jones.

Third, there was no error here. The Mississippi

Supreme Court properly applied the ecclesiastical

abstention doctrine. Consistent with this Court’s

11

precedent and its own state-law principles, it refused

to opine on predominately ecclesiastical questions

between the parties regarding the propriety of the

disaffiliation and the District Council’s attempt to

place the Church under its supervision. The court,

however, remanded the property dispute for the trial

court to adjudicate using neutral, secular principles.

That is fully consistent with the ecclesiastical abstention doctrine, and the Mississippi Supreme

Court’s fact-based reversal of the trial court’s issuance of summary judgment provides no basis for this

Court’s review.

I.

The Petition Improperly Seeks To Invoke

This

Court’s

Jurisdiction

Over

An

Interlocutory State-Court Order.

The Petition cites 28 U.S.C. § 1257(a) as the basis for this Court’s jurisdiction. That statute provides

for this Court’s review of “[f]inal judgments or decrees” by a State’s highest court. But the decision below is not a final judgment. The Mississippi Supreme

Court reversed the trial court’s grant of summary

judgment in Petitioner’s favor, dismissed the claims

it determined would entangle the courts in questions

regarding ecclesiastical governance, and remanded

the rest of the case for further proceedings in the

state trial court. See Pet. App. 21-22.

To constitute a “final judgment,” a decision must

“be final as an effective determination of the litigation and not of merely interlocutory or intermediate

steps therein. It must be the final word of a final

court.” Jefferson v. City of Tarrant, 522 U.S. 75, 81

(1997) (quoting Market St. Ry. Co. v. R.R. Comm’n of

12

Cal., 324 U.S. 548, 551 (1945)). The final judgment

rule precludes review in circumstances like these,

where claims “remain[] to be determined by a State

court.” Flynt v. Ohio, 451 U.S. 619, 620 (1981) (per

curiam) (quotation marks omitted).

Petitioner does not invoke an exception to the final judgment rule, and it should not be permitted to

sandbag Respondents by doing so for the first time

on reply. See Johnson v. California, 541 U.S. 428,

431 (2004) (per curiam) (“A petition for certiorari

must demonstrate to this Court that it has jurisdiction to review the judgment.”) (citing S. Ct. R.

14.1(g)).

In any event, none of the recognized exceptions

applies. See Cox Broad. Corp. v. Cohn, 420 U.S. 469,

479-87 (1975).

(1) The first exception applies when the federal

issue, having been decided by the state’s highest

court, is conclusive and the outcome of the case is

preordained on remand. See id. at 479. In such cases,

the judgment on the federal issue renders the case

complete “for all practical purposes.” Id. That is not

the situation here. Petitioner continues to press its

property claim under neutral principles of law, and

the trial court is still faced with fact-finding on that

claim and its ultimate resolution.

The Petition cryptically posits in a footnote that,

unless this Court intervenes, “the trial court will be

powerless to meaningfully resolve the property dispute” before it because “no court can decide who controls the Worship Center.” See Pet. 10 n.1. But under

13

the terms of the Mississippi Supreme Court’s remand, the trial court is tasked with deciding who

owns the disputed property under neutral principles

of law—including whether an implied trust interest

in the property exists in Petitioner’s favor. See Pet.

App. 17-22. It is possible for Petitioner on remand to

win control of the property on its state-law claim,

under neutral principles, if it can make the required

showings. Thus, the first exception does not apply.

(2) The second exception is limited to circumstances where the federal issue “will survive and require decision regardless of the outcome” of the case.

Cox, 420 U.S. at 480. That is also not the situation

here, as “[r]esolution of the state-law claims” on remand “could effectively moot the federal-law question raised here.” Jefferson, 522 U.S. at 82.

Petitioner seeks review of the Mississippi Supreme Court’s decision requiring dismissal of Petitioner’s claims for a declaratory judgment regarding

its purported authority over the Church, including

the validity of the Church’s disaffiliation vote and

the validity of the District Council’s attempt to place

the Church under its supervisory control. See Pet.

App. 11-14, 21. But Petitioner seeks to adjudicate its

purported authority over the Church as a means of

gaining control of the Church’s property. See Pet. 10

n.1. If Petitioner prevails on the property dispute on

remand based on neutral principles of law, then its

claims for declaratory relief will be moot.

(3) The third exception applies only to circumstances “in which later review of the federal issue

cannot be had, whatever the ultimate outcome of the

14

case.” Cox, 420 U.S. at 481. That is also not the case

here, as Petitioner may seek certiorari on the federal

issue after final judgment on the property dispute if

that dispute is resolved against it. See Jefferson, 522

U.S. at 82-83 (this Court may review an interlocutory decision on a federal question after final judgment).

(4) Finally, the fourth exception is limited to circumstances in which: (i) “the party seeking review

here might prevail on the merits on nonfederal

grounds, thus rendering unnecessary review of the

federal issue by this Court”; (ii) “reversal of the state

court on the federal issue would be preclusive of any

further litigation on the relevant cause of action”;

and (iii) “refusal immediately to review the state

court decision might seriously erode federal policy.”

Cox, 420 U.S. at 482-83. The Petition here fails at

least the latter two criteria.

a. Petitioner plainly cannot meet the last criterion. As we detail below, there is no conflict among the

courts as to whether courts may decline to reach ecclesiastical questions in an intra-church property

dispute, and in selecting their approaches to resolving these disputes, the lower courts are adhering to

the federal policies announced by this Court. There

is thus no need to bend the jurisdictional rules to

protect a federal policy—there is no such policy at

risk here.

But even if Petitioner were correct regarding

what it claims to be an entrenched split among lower

courts on the federal issue, then one more court

weighing in on the question is hardly an emergency

15

requiring this Court’s immediate intervention. Pet.

11-20. Resolution of the issues presented here can

await final judgment “without any adverse effect upon important federal interests.” Flynt, 451 U.S. at

622. Indeed, “[a] contrary conclusion would permit

the fourth exception to swallow the rule. Any federal

issue finally decided on an interlocutory appeal in

the state courts would qualify for immediate review.”

Id.

b. The Petition also fails the second factor. Reversing the Mississippi Supreme Court’s decision

would not be “preclusive of any further litigation on

the relevant cause of action.” Cox, 420 U.S. at 48283. The Mississippi Supreme Court would still need

to adjudicate the ecclesiastical governance questions

it determined the trial court should have abstained

from deciding. The Petition challenges the Mississippi Supreme Court’s determination that the trial

court should have abstained from deciding whether

the disaffiliation vote was void and whether the District Council validly placed the Church under its supervision and control. Reversing the Mississippi

Supreme Court’s decision on the federal issue would

thus leave additional issues to be resolved on remand—namely, whether the trial court was nonetheless correct in awarding Petitioner summary

judgment on questions regarding its authority over

the Church. Because “reversal of the state court on

the federal issue would” not “be preclusive of any

further litigation on the relevant cause of action,”

id., the fourth exception does not apply. See Nike,

Inc. v. Kasky, 539 U.S. 654, 659-60 (2003) (Stevens,

J., concurring).

16

“Compliance with the provisions of § 1257 is an

essential prerequisite to [this Court’s] deciding the

merits of a case brought here under that section.”

Johnson, 541 U.S. at 431. Because no basis exists for

this Court to exercise jurisdiction at this stage, this

Court should reject the Petition as jurisdictionally

barred.

II. The Claimed Split Is Not Implicated Here

And Is Illusory In Nature.

The ecclesiastical abstention doctrine codifies an

important constitutional principle: the Establishment Clause of the First Amendment bars a civil

court from answering “strictly and purely ecclesiastical” questions. Serbian E. Orthodox Diocese for U.S.

& Can. v. Milivojevich, 426 U.S. 696, 713 (1976)

(quoting Watson v. Jones, 80 U.S. 679, 733 (1871)).

The doctrine protects the autonomy of religious institutions “to decide for themselves, free from state

interference, matters of church government as well

as those of faith and doctrine.” Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church in N.

Am., 344 U.S. 94, 116 (1952). But this Court has

clarified that a civil court can and should generally

resolve an intra-church property dispute. See Jones,

443 U.S. at 602 (“The State has an obvious and legitimate interest in the peaceful resolution of property

disputes.”). Under Jones, the civil courts can do so

either by application of neutral state-law principles,

where possible, or instead may choose to defer to the

highest ecclesiastical authority (where that hierarchy is clear or uncontested) on the relevant ecclesiastical questions. Id. at 602-03. “[T]he First

17

Amendment does not dictate” which option to follow.

Id. at 602.

And while the ecclesiastical abstention doctrine

originated in the First Amendment, Mississippi has

recognized an equivalent bar under state law against

courts exercising “ecclesiastical jurisdiction” for over

a century. Mt. Helm Baptist Church v. Jones, 30 So.

714, 716 (Miss. 1901); see also Sustar v. Williams,

263 So. 2d 537, 540 (Miss. 1972) (“Long before the

Federal Government began to draw the rights of the

states into its centralized jurisdiction by the ‘process

of absorption’ this Court had a rich heritage in the

protection of religious freedom,” including by “refus[ing] to interpret ecclesiastical dogma”); Smith v.

Charles, 24 So. 968, 968 (Miss. 1899) (courts cannot

decide “contest between two factions” of a church

based on which faction followed the faith of the

church).2 And like this Court, the Mississippi courts

have long similarly recognized that intra-church

property claims can be properly resolved by applying

neutral principles of state law. Mt. Helm Baptist

Church, 30 So. at 716.

The Mississippi Supreme Court has had no trouble following this basic guidance for more than a

century, and no case from this Court (or any other

2 Watson v. Jones was decided “before judicial recognition

of the coercive power of the Fourteenth Amendment to protect

the limitations of the First Amendment against state action.”

Kedroff, 344 U.S. at 115. It was not until 1952 that this Court

held that ecclesiastical abstention “must now be said to have

federal constitutional protection as a part of the free exercise of

religion against state interference.” Id. at 116.

18

court identified by the Petition) has brought into

question the Mississippi courts’ authority to abstain

from reaching ecclesiastical questions while attempting to decide property disputes using neutral, statelaw principles. But because the decision in this case

used the word “jurisdiction” twice in declining to

reach the ecclesiastical questions in this case, Petitioner now claims that this Court’s review is necessary to resolve whether the ecclesiastical abstention

doctrine “deprives courts of jurisdiction to enforce

the ecclesiastical decisions of religious authorities in

an intra-church dispute.” Pet. i. Even if there were a

meaningful split on this issue, this case is not a

proper vehicle for addressing it because the use of

the word “jurisdiction” in the decision below made no

material difference in this case.

Whether the Mississippi Supreme Court lacked

jurisdiction or simply elected not to exercise it in declining to reach the purely ecclesiastical questions in

this case is not material here. Either way, the court

elected not to reach those questions as part of its

own long history of protecting the freedom of religious institutions to make their own ecclesiastical

decisions and remanded the property issue to be addressed under neutral state-law principles. This

Court expressly endorsed such an approach in Jones

and provided courts with the option to avoid reaching ecclesiastical questions. That option would be a

dead letter if courts were required to reach and defer

on all ecclesiastical questions presented in intrachurch disputes. And indeed, the Petition cites no

case in which a court has held that state courts may

not decline to reach ecclesiastical questions. Instead,

Petitioner’s claimed split largely features cases that

19

do not involve intra-church disputes at all, and other

cases where courts were simply choosing between

two proper options this Court specified in Jones for

addressing intra-church property disputes. Thus,

any diversity in how courts choose to resolve these

disputes simply reflects the flexibility this Court has

afforded the states and the circumstances of particular cases, not a genuine split.

A. The decision below would have been the

same regardless of whether the

ecclesiastical abstention doctrine bears

on a court’s subject-matter jurisdiction.

Based on the Mississippi Supreme Court’s use of

the term “jurisdiction” at the tail end of its decision

that the trial court should not have addressed the

predominantly ecclesiastical issues in this case, Pet.

App. 13-14, 21, Petitioner attempts to place the decision here on one side of a purported split between

courts that view the ecclesiastical abstention doctrine as bearing on subject-matter jurisdiction and

those that do not. Pet. 16-20. But the Mississippi

Supreme Court did not discuss, much less decide,

that the ecclesiastical abstention doctrine deprives

courts of subject-matter jurisdiction. Instead, it used

the term “jurisdiction” in a manner that is consistent

with this Court’s and other courts’ use of the term to

convey the basic principle that civil courts may not

opine on ecclesiastical questions in intra-church disputes. See, e.g., Watson, 80 U.S. at 732-33 (repeatedly using the term “jurisdiction” in describing courts’

lack of authority to decide ecclesiastical matters);

Milivojevich, 426 U.S. at 713-14 (same) (quoting

Watson, 80 U.S. at 733-34); Seattle’s Union Gospel

20

Mission v. Woods, 142 S. Ct. 1094, 1096 (2022)

(mem.) (Alito, J., statement respecting denial of certiorari) (“As early as 1872, our church-autonomy

cases explained that ‘civil courts exercise no jurisdiction’ over [ecclesiastical] matters[.]”) (quoting Watson, 80 U.S. at 733).

At least as far as this case is concerned, whether

the Mississippi Supreme Court’s reference to jurisdiction connoted subject-matter jurisdiction in the

technical sense is a matter of semantics, with no material difference to the case’s outcome. Either way,

the result in this case would be the same—

Mississippi state law provides that courts should decline to reach ecclesiastical questions where possible

and resolve intra-church disputes based on neutral

principles. And, as we detail below, there is no confusion among the lower courts as to the propriety of

the Mississippi Supreme Court’s approach. See infra

II.C.

The question actually presented by the decision

below is simply whether the Mississippi Supreme

Court could abstain from reaching the disaffiliation

and authority issues, and remand the case to the trial court to adjudicate the property issues based on

secular, neutral principles. The answer to both of

those questions is yes. See infra III. Those rulings

implicate no conflict and are fully consistent with

this Court’s precedents.

21

B. The majority of Petitioner’s cases giving

rise to the claimed split have nothing to

do with whether courts must reach

ecclesiastical questions in deciding

intra-church property disputes.

Trying to portray a conflict among the state and

federal courts on whether the ecclesiastical abstention doctrine bears on courts’ subject-matter jurisdiction, Petitioner cites over a dozen cases that are

unhelpful for two reasons.

First, those cases arise in the wholly distinct

context in which individual plaintiffs sue to challenge the ecclesiastical decisions of religious organizations—such as excommunicating members,

terminating ministers, or denying applicants admission to a parochial school. See, e.g., Bell v. Presbyterian Church (U.S.A.), 126 F.3d 328, 332-33 (4th Cir.

1997) (declining to adjudicate claims by former executive director of religious non-profit terminated because of lack of funds). These kinds of disputes are

materially different from an intra-church dispute between two organizations that each claim sovereign

religious authority for their ecclesiastical decisions.

As then-Justice Rehnquist explained, while

“[t]here are constitutional limitations on the extent

to which a civil court may inquire into and determine matters of ecclesiastical cognizance and polity

in adjudicating intrachurch disputes,” “this Court

never has suggested … [they] similarly apply outside

the context of such intraorganization disputes.” Gen.

Council on Fin. & Admin. of United Methodist

Church v. Superior Ct. of Cal., 439 U.S. 1369, 1372

22

(1978) (order denying stay). The ecclesiastical abstention doctrine is “premised on a perceived danger

that in resolving intrachurch disputes the State will

become entangled in essentially religious controversies or intervene on behalf of groups espousing particular doctrinal beliefs.” Id. at 1373. This concern is

precisely what animated the Mississippi Supreme

Court’s decision to abstain from deciding the ecclesiastical questions in this case. Understandably, the

doctrine does not have the same implications when a

case does not present an intra-church property dispute, and thus, roughly half of the cases cited in the

Petition are irrelevant.

Second, all of the individual-plaintiff cases cited

in the Petition unsurprisingly come out the same

way—declining to second guess the ecclesiastical decisions of the defendant religious organizations.3

3 On Petitioner’s side of the purported split, not one of the

cases “enforced” a church’s ecclesiastical decision. See Bryce v.

Episcopal Church in the Diocese of Colo., 289 F.3d 648, 657-59,

660 (10th Cir. 2002) (courts cannot adjudicate claims by lesbian

former youth pastor regarding church debate on homosexuality); Winkler v. Marist Fathers of Detroit, Inc., 901 N.W.2d 566,

576 (Mich. 2017) (remanding claims brought by dyslexic student suing parochial school for determination of whether claims

require reaching ecclesiastical questions); Pfeil v. St. Matthews

Evangelical Lutheran Church of the Unaltered Augsburg Confession of Worthington, 877 N.W.2d 528, 542 (Minn. 2016)

(“[A]djudicating [plaintiff’s] claims would excessively entangle

the courts with religion and unduly interfere with [the

church’s] constitutional right[s].”); St. Joseph Catholic Orphan

Soc’y v. Edwards, 449 S.W.3d 727, 736, 738, 740-41 (Ky. 2014)

(remanding with order to dismiss because “when religious issues permeate” a dispute, courts “are without authority to adjudicate” and “must abstain from hearing the case”);

23

Whether the courts do so because they choose to “defer” to the religious organizations or simply because

they choose to abstain from deciding ecclesiastical

questions, the bottom-line effect is the same. And not

one of these cases involves a court using the doctrine

as a sword and becoming an arm of the church to

“enforce the ecclesiastical decisions of church authorities,” Pet. 12. Rather, they respect the religious autonomy of the church by declining to disturb the

ecclesiastical decisions the church made.

For both of these reasons, these cases fail to

show any “split” as to whether courts are required to

adjudicate the ecclesiastical questions presented in

an intra-church dispute.

Brazauskas v. Fort Wayne-S. Bend Diocese, Inc., 796 N.E.2d

286, 294 (Ind. 2003) (declining to apply state blacklisting and

tort law to communication between church officials); Celnik v.

Congregation B’nai Israel, 131 P.3d 102, 107-08 (N.M. Ct. App.

2006) (“[T]he dispute … is precisely the type of religious debate

that the church autonomy doctrine is intended to protect from

judicial review.”).

Likewise, in the cases that are cited for Respondents’ side

of the purported split, the courts declined to review ecclesiastical issues. See, e.g., Rutland v. Nelson, 857 F. App’x 627, 627-29

(11th Cir. 2021) (per curiam) (affirming dismissal of claim regarding religious disciplinary proceedings because they are

“purely ecclesiastical in character”); Hyung Jin Moon v. Hak Ja

Han Moon, 833 F. App’x 876, 879-80 (2d Cir. 2020) (summary

order) (declining to adjudicate who is the proper leader of a

church because church leadership is an ecclesiastical question);

Bell, 126 F.3d at 332-33 (declining to adjudicate claims regarding termination of director of religious organization).

24

C. There is no split among courts on how

to apply the ecclesiastical abstention

doctrine to intra-church property

disputes.

Consistent with this Court’s articulation of what

the ecclesiastical abstention doctrine requires, as

well as its own precedent, the Mississippi Supreme

Court declined to reach the ecclesiastical questions

related to this intra-church property dispute and

remanded for the trial court to adjudicate the property dispute using neutral principles. The Petition

identifies no case holding that courts must reach the

ecclesiastical questions presented in intra-church

disputes. And thus, there is no split on the propriety

of the Mississippi Supreme Court’s approach.

There is no dispute that, as far back as 1871,

this Court has consistently held that in an intrachurch dispute, a court cannot opine on purely ecclesiastic questions. See Watson, 80 U.S. at 733 (“civil

courts exercise no jurisdiction” over a matter “strictly and purely ecclesiastical in its character,” such as

“a matter which concerns theological controversy,

church discipline, ecclesiastical government, or the

conformity of the members of the church to the

standard of morals required of them”). And the law

is clear that courts may resolve intra-church property disputes by reference to neutral principles of state

law without reaching related ecclesiastical issues.

See Jones, 443 U.S. at 602-04; see also Presbyterian

Church in the U.S. v. Mary Elizabeth Blue Hull

Mem’l Presbyterian Church, 393 U.S. 440, 449 (1969)

(“First Amendment values are plainly jeopardized

when church property litigation is made to turn on

25

the resolution by civil courts of controversies over religious doctrine and practice.”). In Jones, this Court

explained that civil courts have a choice in deciding

intra-church property disputes. 443 U.S. at 604-05.

They may elect to resolve issues related to such a

property dispute by using neutral principles of law if

they can; but they also may choose to defer to the

highest ecclesiastical authority if that authority has

spoken (and where the church hierarchy is sufficiently clear or uncontested). Id.

Whether a court attempts to resolve a propertyrelated question using neutral principles or through

deference is a matter of state law, and the choice is

often guided by how those principles apply to the

particular case. See, e.g., Church of God in Christ,

Inc. v. Graham, 54 F.3d 522, 525-26 (8th Cir. 1995)

(Missouri resolves intra-church property disputes using neutral principles of law where possible, as permitted by this Court); Fonken v. Cmty. Church of

Kamrar, 339 N.W.2d 810, 813, 816 (Iowa 1983) (acknowledging courts are free to choose between neutral principles and deference to the highest

ecclesiastical authority, and employing both). The

cases cited by the Petition as presenting a conflict in

the handling of such property disputes simply reflect

the flexibility this Court has afforded the states in

choosing their own approach, as well as differences

in state law and the facts of each individual case.

The Petition says that eleven courts “have held

that it is proper to exercise jurisdiction and enforce

the ecclesiastical decisions of church authorities

within hierarchical denominations.” Pet. 12. But, of

course, courts are free to do so in appropriate cir-

26

cumstances and where suitable under their own

state law. This Court held as much in Jones. To the

extent the Petition suggests instead that courts like

the Mississippi Supreme Court instead must decide

intra-church disputes by enforcing the ecclesiastical

decisions of church authorities within hierarchical

denominations, it misunderstands both Jones and

the authorities it cites. No case the Petition cites on

the opposite side of the purported split conflicts with

the Mississippi Supreme Court’s decision.

First, as discussed above, supra II.B, six of the

cases the Petition cites on its side of the purported

split4 are irrelevant because they do not have anything to do with an intra-church property dispute.

Instead, they involve the distinct context of individual plaintiffs suing to challenge the ecclesiastical decisions of religious bodies. And anyway, none of

these cases stands for the proposition that courts are

compelled to adjudicate ecclesiastical questions by

enforcing the decisions of church authorities.

Second, the six remaining cases5 that do involve

intra-church disputes also do not conflict with the

Mississippi Supreme Court’s decision. To the extent

Petitioner is claiming that these jurisdictions say

that courts are required to reach all ecclesiastical

4 See Bryce, 289 F.3d 648; Winkler, 901 N.W.2d 566; Pfeil,

877 N.W.2d 528; Edwards, 449 S.W.3d 727; Brazauskas, 796

N.E.2d 286; Celnik, 131 P.3d 102.

5 The Petition refers to eleven jurisdictions, but because it

cites two cases from California, there are twelve total cases the

Petition cites for its side of the purported split. See Pet. 14.

27

questions presented and defer to the highest ecclesiastical authority in intra-church property cases, this

Court’s Jones decision says otherwise. 443 U.S. at

605. And not surprisingly, the cited cases do not contradict Jones.

For example, the Iowa Supreme Court, like the

Mississippi Supreme Court here, acknowledged that

the ecclesiastical abstention doctrine required it not

to decide any intra-church dispute based on its own

interpretation of religious doctrine. See Fonken, 339

N.W.2d at 812-13. But it determined that it could resolve the church property dispute before it based on

either deference to the highest church authority in a

hierarchical church, or, in the alternative, based on

neutral principles. Id. at 816. Ultimately, the Iowa

Supreme Court determined that under either the

compulsory deference approach or the neutral principles approach, the outcome in that case would be

the same. Id. at 819. Thus, there is no split between

the Mississippi Supreme Court’s and the Iowa Supreme Court’s decisions. Both acknowledged that the

ecclesiastical abstention doctrine forbids them from

opining on religious doctrine, but that they could resolve the church property dispute by relying on one

of the two approaches approved by this Court.

The remaining cases involving intra-church disputes cited by Petitioner also reflect courts electing

between the two proper options identified by this

Court. See Graham, 54 F.3d at 526 (resolving church

property dispute based on neutral principles);

Church of God in Christ, Inc. v. Cawthon, 507 F.2d

599, 602 & n.4 (5th Cir. 1975) (citing this Court’s

precedent and holding that “as a church of hierar-

28

chical polity,” hierarchical church “established its

right to possession and control” of property);6 Episcopal Church Cases, 198 P.3d 66, 70 (Cal. 2009) (acknowledging that “[s]tate courts must not decide

questions of religious doctrine” and “[a]pplying the

neutral principles of law approach”); Tea v.

Protestant Episcopal Church in the Diocese of Nev.,

610 P.2d 182, 184 (Nev. 1980) (citing Jones and

electing to apply the deference approach, noting that

it is “not constitutionally impermissible”); Kim v.

True Church Members of the Holy Hill Cmty.

Church, 187 Cal. Rptr. 3d 515, 524 (Cal. Ct. App.

2015) (preferring the neutral-principles approach,

where possible, in property disputes).

These cases merely reflect the flexibility this

Court provided courts in Jones—not a split in authority. And none dictates that courts must reach all

ecclesiastical questions presented in an intra-church

dispute. All told, Petitioner’s claimed split is illusory.

III. Certiorari Is Also Unwarranted Because

The Decision Below Is Correct.

The Mississippi Supreme Court correctly applied

the ecclesiastical abstention doctrine in declining to

wade into the ecclesiastical dispute between the

Church and the District Council. Pet. App. 11-14.

6 Notably, the Fifth Circuit’s decision in Cawthon precedes

this Court’s instructive decision in Jones. Nevertheless, the

Fifth Circuit’s decision still does not animate a split because

deference to hierarchical church authorities remains one of the

options available to lower courts.

29

And it correctly reasoned that the church property

dispute could be resolved in accordance with neutral

principles. Pet. App. 14-22. Both of those decisions

are consistent with this Court’s teachings on how to

properly apply the ecclesiastical abstention doctrine

in resolving intra-church property disputes between

religious entities.

A. Civil courts are not required to reach

questions of church governance.

As this Court has long held, matters of church

governance are quintessential ecclesiastical questions. See, e.g., Kedroff, 344 U.S. at 115-16. State interference into these domains targets the “religious

law and polity” comprising the core of religious belief, and courts lack secular standards to decide

these questions without implicitly or explicitly evaluating tenets of a faith. Milivojevich, 426 U.S. at

709. If the ecclesiastical abstention doctrine is to

have any effect, it must protect religious institutions

from judicial meddling into how they structure their

affairs.

The decision below reflects this framework and

vindicates the larger constitutional principle advanced by the ecclesiastical abstention doctrine.

Drawing on both this Court’s precedent and its own,

the Mississippi Supreme Court observed that “[t]he

ecclesiastical abstention doctrine recognizes that the

Establishment Clause of the First Amendment precludes judicial review of claims that require resolution of strictly and purely ecclesiastical questions.”

Pet. App. 13 (internal quotation marks omitted). It

then noted that ecclesiastical governance issues like

30

the “[t]he alteration of a parish,” are “at the core of

ecclesiastical affairs.” Id. (citing Schmidt v. Catholic

Diocese of Biloxi, 18 So. 3d 814, 822 (Miss. 2009)).

Accordingly, the Mississippi Supreme Court concluded that “a judicial determination of whether [the

Church] is to remain a member of the General Council and under its control intrudes into the affairs of

church government.” Id. In declining to “undertake

the adjudication of this internal church matter” and

voiding “[the trial court’s] determination” regarding

the validity of the disaffiliation vote and the District

Council’s attempt to place the Church under its supervision, the court sought to avoid inserting secular

courts into questions that are “predominately ecclesiastical in nature.” Pet. App. 13-14. This was a

straightforward and correct application of the ecclesiastical abstention doctrine.

No case from this Court provides that courts

must reach and decide all ecclesiastical questions

presented in a dispute. Indeed, such a requirement

would obviate the purpose of the ecclesiastical abstention doctrine, as well as this Court’s decision in

Jones. After all, “the promise of nonentanglement

and neutrality inherent in the neutral-principles approach” would be a nullity if, notwithstanding this

Court’s approval of the neutral-principles approach

in Jones, litigants could “insist as a matter of constitutional law that whenever a dispute arises over the

ownership of church property, civil courts must defer” to an ecclesiastical authority on all related ecclesiastical issues. Jones, 443 U.S. at 605-06. In

declining to reach the ecclesiastical questions in this

case, the Mississippi Supreme Court sought to decide this intra-church dispute “free … completely

31

from entanglement in questions of religious doctrine,

polity, and practice.” Id. at 603. That approach is, at

a minimum, permitted by this Court’s precedent.

B. The property dispute was properly

remanded to be decided under neutral

principles of law.

The Mississippi Supreme Court’s remand of the

property dispute was correct and provides no basis

for this Court’s review. The Petition barely addresses

the Mississippi Supreme Court’s remand of the

property dispute for further proceedings in the trial

court. Despite the fact that the property issue commanded much of the attention of the decision and

briefing below, the Petition limits substantive discussion of this issue to a two-sentence footnote, urging that it is impossible to decide the property

dispute in this case without first reaching the related ecclesiastical questions. See Pet. 10 n.1. Petitioner

is incorrect, as the Mississippi Supreme Court remanded the property dispute to be decided under

neutral principles of law, as this Court explicitly

permitted in Jones. See Jones, 443 U.S. at 604 (“We

therefore hold that a State is constitutionally entitled to adopt neutral principles of law as a means of

adjudicating a church property dispute.”).

In resolving intra-church property disputes,

courts may rely “on objective, well-established concepts of trust and property law familiar to lawyers

and judges,” rather than “questions of religious doctrine, polity, and practice.” Id. at 603. Courts regularly turn to these objective and well-established

principles to resolve the sort of property dispute at

32

issue in this case. And the Mississippi Supreme

Court is in accord. See Pet. App. 14-21. “Mississippi

has adopted the ‘neutral principles of law’ approach

for resolving church property disputes”—one of the

two permissible approaches to resolving these kinds

of disputes under this Court’s decision in Jones. Pet.

App. 16 (quoting Schmidt, 18 So. 3d at 824); see also

supra II.C (discussing the flexibility this Court gave

lower courts in Jones). In Mississippi, the neutralprinciples approach typically “allows courts to examine evidence respecting the deed and chain of title of

real property being claimed by the competing parties.” Pet. App. 17.

In this case, these neutral principles of law must

be applied to what are at this point “sharply contested factual disputes.” Pet. App. 23 (Maxwell, J., concurring). As the Mississippi Supreme Court

recognized, the current record at this stage of the litigation does not show that there was “an actual

transfer of property from [the Church] to the District” Council, or that the elements for the creation of

an express trust were met. Pet. App. 18. Accordingly,

the Mississippi Supreme Court determined that

there was insufficient evidence in the record to establish “whether the District has a resulting trust

interest in the property.” Pet. App. 19. And it determined that a fact question exists as to whether there

is an implied trust in the District Council’s favor.

Pet. App. 19-21. Given the ongoing factual disputes,

and the Mississippi Supreme Court’s conclusion that

the state-law property question can likely be resolved based on neutral principles of state law, Petitioner’s rush to have this Court treat this case as

turning on constitutional issues is premature, at

33

best. At this “early stage of the litigation,” when “it

is not clear that” the property dispute “will require

the court to address purely ecclesiastical questions,”

the proper course is to first allow the trial court to

decide the non-ecclesiastical questions. McRaney v.

N. Am. Mission Bd. of S. Baptist Convention, Inc.,

966 F.3d 346, 349, 351 (5th Cir. 2020) (remanding on

grounds that dismissal based on the ecclesiastical

abstention doctrine was “premature” and “[a]t this

time, it is not certain that resolution of [the] claims

will require the court to interfere with matters of

church government, matters of faith, or matters of

doctrine”).

In short, the Mississippi Supreme Court properly

determined that summary judgment was improper

and remanded the property dispute to be resolved

under neutral principles of law. That fact-based ruling furnishes no ground for further review, even if

this Court did have jurisdiction over this interlocutory matter.

CONCLUSION

For the foregoing reasons, the Court should deny

the petition for a writ of certiorari.

34

Respectfully submitted,

Malcolm Jones

Robert M. Loeb

831 E. Scenic Drive

Counsel of Record

Pass Christian, MS 39571 Thomas M. Bondy

Edward Williams

E. Joshua Rosenkranz

ORRICK, HERRINGTON &

Rachael Jensen

SUTCLIFFE LLP

Duncan Hosie

2100 Pennsylvania

ORRICK, HERRINGTON &

Avenue, NW

SUTCLIFFE LLP

Washington, DC 20037

51 West 52nd Street

(202) 339-8475

New York, NY 10019

rloeb@orrick.com

September 27, 2024

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.