A court case involving The Church of Jesus Christ of Latter-day Saints and a lawsuit from James Huntsman has gained prominent attention, as the case potentially heads to the full Ninth Circuit Court of Appeals. 

The issue hinges on disagreement over how the church used tithing funds donated by members, which you can read about in depth here. But there’s an important question in a case like this: What should the court’s role be in a dispute within an established church? In similar cases in the past, the courts have relied upon the church autonomy doctrine, a clause enshrined within the First Amendment and the history of the separation of church and state.  

What is the church autonomy doctrine? 

According to the Alliance Defending Freedom, the church autonomy doctrine “protects churches from undue government interference so that churches and other houses of worship can carry out their mission according to their deeply held religious beliefs and convictions.” 

Sutherland Institute’s constitutional law and religious freedom fellow, Bill Duncan, has covered instances of the doctrine’s use in the past, when it protected Catholic School’s abilities to make HR-related decisions.  

Speaking on the Catholic school case, Duncan said that “if this is an internal matter of the church, then the case is dismissed.” 

Duncan argues that the court should view the case between The Church of Jesus Christ and Huntsman no differently. 

“[The church autonomy doctrine] is really a strong protection,” Duncan said, “because once you can establish that something is an internal church issue, the government is supposed to stay entirely away from it.” 

Why should Americans and the religious be watching this case? 

At its core, the argument presented in the lawsuit against the church is a disagreement between the church and one of its former members about how tithing funds were invested, and how the returns from those investments were later utilized. If the court places itself in the center of that disagreement, it would violate the precedent of the church autonomy doctrine. By doing so, it could open the door for the government to begin regulating how funds donated to churches are allocated and distributed. 

For a more in-depth perspective on this article, read our Insights piece here.