A Framework for Analyzing a Church Autonomy Defense

Source: The Volokh Conspiracy
by Lael Weinberger

“Both church autonomy and accountability are important principles. The problem in the current law is that the courts are unclear on how to avoid allowing one to swallow up the other. This section proposes some analytical revisions that would help to clean up what has become a doctrinal mess. In terms of doctrine, the shifts suggested here are modest and can be done without any change by the Supreme Court.” (04/28/22)