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The Episcopal Church v. The Episcopal Diocese of Fort Worth

Petition for certiorari denied on November 3, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1520 Tex. N/A N/A N/A N/A OT 2014

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel to the amicus curiae in this case.

Issue: (1) Whether the First Amendment or Jones v. Wolf requires courts to enforce express trusts recited in general-church governing documents (as some jurisdictions hold), or whether such a trust is enforceable only when it would otherwise comply with state law (as others hold); (2) whether retroactive application of the neutral-principles approach infringes free-exercise rights; and (3) whether the neutral-principles approach endorsed in Jones remains a constitutionally viable means of resolving church-property disputes, especially in light of Hosanna-Tabor v. EEOC.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 19 2014Petition for a writ of certiorari filed. (Response due July 21, 2014)
Jun 23 2014Waiver of right of respondents All Respondents listed in paragraph 4 on pages iv-v of the Petition to respond filed.
Jul 3 2014Waiver of right of respondent All Respondents listed in paragraph 5 on page v. of the petition to respond filed.
Jul 14 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents in paragraph 4, iv-v of the petition.
Jul 14 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Robert Masterson, et al. in paragraph 5, (v)
Jul 16 2014DISTRIBUTED for Conference of September 29, 2014.
Jul 21 2014Brief amici curiae of The Episcopal Church in South Carolina, et al. filed. (Distributed)
Jul 21 2014Brief amici curiae of The Texas Conference of the United Methodist Church, et al. filed. (Distributed)
Jul 21 2014Brief amicus curiae of The Greek Orthodox Archdiocese of America filed. (Distributed)
Jul 28 2014Response Requested . (Due August 27, 2014)
Aug 19 2014Order extending time to file response to petition to and including September 26, 2014, for all respondents.
Aug 27 2014Brief amicus curiae of The Rutherford Institute filed.
Sep 26 2014Brief of respondents Episcopal Diocese of Fort Worth, et al. in opposition filed.
Sep 26 2014Brief of respondents Robert Masterson, et al. in opposition filed.
Oct 14 2014Reply of petitioners The Episcopal Church, et al. filed.
Oct 15 2014DISTRIBUTED for Conference of October 31, 2014.
Nov 3 2014Petition DENIED.
 
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