Pepperdine Religious Liberty Clinic Brief Quoted by Tenth Circuit in Landmark “Tithing Fraud” Case
The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine Caruso School of Law earned national recognition this week when the United States Court of Appeals for the Tenth Circuit quoted the clinic’s amicus brief in Gaddy v. Corporation of the President of the Church of Jesus Christ of Latter-day Saints.
The case involved wide-ranging claims that the Church of Jesus Christ of Latter-day Saints misrepresented its history and the use of member tithes. The clinic’s amicus brief argued that the First Amendment prohibits courts from presiding over cases where the court would have to second-guess a church’s own teaching, history, or use of tithes. The Tenth Circuit agreed, holding that the church autonomy doctrine prohibits courts from adjudicating “ecclesiastical questions, namely, the truth or falsity of religious beliefs.” In its reasoning, the court specifically cited the Clinic’s brief.
“We are thankful that the court got it right and recognized the weight of our arguments,” said Eric Rassbach, the clinic’s executive director. “Secular courts have no business rewriting a church’s statement of faith or dictating how it uses its tithe dollars.”
The Religious Liberty Clinic, which operates as part of both the Ken Starr Institute for Faith, Law, and Public Service and the Nootbaar Institute on Law, Religion, and Ethics, represented The Becket Fund for Religious Liberty as amicus curiae. The brief was led by Rassbach and Jones Day attorneys Noel Francisco (former United States solicitor general), David Raimer, and Samuel Lioi. Recent Caruso Law graduates Phillip Allevato and Hunter Felkner worked on the brief when they were law students.
“This is another example of how the Religious Liberty Clinic provides our students with a chance to work on cutting-edge constitutional litigation,” said Colten Stanberry, managing director of the Ken Starr Institute. “Not only did they get to work with some of the top lawyers in the country, but they helped a federal appellate court work through an important issue at the intersection of law and religious liberty.”
The full opinion is available at Tenth Circuit United States Court of Appeals, and the clinic’s amicus brief can be read at Motion of the Becket Fund.
Further information about the Religious Liberty Clinic, the Ken Starr Institute, and the Nootbaar Institute can be found at Hugh and Hazel Darling Religious Liberty Clinic.