Catholic faithful worldwide have given annually to Peter’s Pence, which directly supports the Pope and his charitable works. David O’Connell filed a class action lawsuit against the United States Conference of Catholic Bishops (USCCB) for fraudulent solicitation of donations, alleging that USCCB misled donors about the use of funds collected for Peter’s Pence. In O’Connell v. U.S. Conference of Catholic Bishops, O’Connell is seeking discovery from and disgorgement by the Catholic Church of the offerings he and others donated under allegedly fraudulent pretenses. USCCB moved to dismiss, claiming that the First Amendment doctrine of church autonomy provides it immunity from suit. The trial court ruled that the latter doctrine does not require dismissal nor prevent discovery and trial, employing neutral principles of law. Defendant appealed that interlocutory order, and the D.C. Circuit dismissed for lack of appellate jurisdiction, citing the collateral order doctrine, and denied a motion for en banc review.
USCCB then asked the U.S. Supreme Court to take the case. The Center filed an amicus brief with the Court in support of USCCB’s cert. petition, arguing that a denial of a church autonomy defense is subject to interlocutory appeal under the collateral order doctrine; the “neutral principles of law” standard is not applicable outside a property dispute; and the protection of the First Amendment church autonomy immunity would be lost once the claim is subjected to discovery and trial.
