Youth 71Five Ministries v. Williams

(1) Whether a religious organization can raise the First Amendment right to religious autonomy as an affirmative claim challenging legislative or executive action under 42 U.S.C. 1983, like other constitutional rights, or whether the doctrine may only be asserted as an affirmative defense after a suit has been filed; and (2) whether a state violates the First Amendment by conditioning access to a public grant program on a religious organization waiving its right to employ coreligionists, including for ministerial positions.