Brief of Notre Dame Education Law Project, Notre Dame Program on Church, State & Society, and Lindsay and Matt Moroun Religious Liberty Clinic Amici Curiae in Support of Petitioners

No. 25-802 Foothills Christian Ministries v. Kim Johnson On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit From the Summary of Argument The First Amendment guarantees religious institutions the power to conduct their internal affairs. Our Lady of Guadalupe School v. Morrissey- Berru, 591 U.S. 732, 746 (2020). See also Cath. Charities Bureau, Inc. v. Wisconsin Lab. & Indus. Review Comm'n, 605 U.S. 238, 249 (2025); id. at 255 (Thomas, J., concurring). This principle of self-governance, known as the church autonomy doctrine, is an essential feature of the Constitution’s protection of religious liberty. Despite this Court’s consistent guidance, lower courts have implemented a myopic conception of the doctrine, allowing state executive and legislative branches to use non-discrimination law, licensing requirements, and other forms of regulatory enforcement to meddle in the internal governance of churches.