Thursday, September 03, 2020

Cert. Petition Filed In Hierarchical Deference Case

 A petition for certiorari (full text) was filed with the U.S. Supreme Court yesterday in Schulz v. Presbytery of  Seattle. In the case, a Washington state appellate court upheld a trial court's deference to decisions of the Administrative Commission set up by the Presbyterian Church USA's representative in connection with disputes regarding a break-away congregation.  (See prior posting.) The petition for review frames the Question Presented as:

In a dispute between a local congregation and its former denomination over ownership of property to which the local congregation holds legal title, does the First Amendment permit courts to apply a rule of absolute deference to assertions of ownership by the denomination?

[Thanks to Paul Harold for the lead.]