Document Type

Brief

Case Name

Foothills Christian Ministries v. Kim Johnson

Publication Date

2-6-2026

Abstract

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.

Comments

Amici curiae are three organizations that work to advance religious freedom and other constitutionally protected liberties, promote educational opportunity, and protect the rights of religious educators and the families they serve.

The Notre Dame Education Law Project is an academic program that seeks to enhance civil society, promote educational opportunity, and protect religious liberty by supporting educational pluralism through research, scholarship, and advocacy. Its work focuses in particular on parental choice and faith-based schools, domestically and abroad.

The Notre Dame Program on Church, State & Society focuses on how law shapes the relationship among religious institutions, government, and the broader social order. The Program advances the University’s distinctive Catholic mission through scholarship, conferences, workshops, and lectures that bring together diverse perspectives to sharpen debate and build community.

Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic is an academic institution and teaching law practice that promotes and defends the freedom of religion for all people. It advocates for the right of all people to exercise, express, and live according to their beliefs and defends individuals and organizations against interference with these fundamental liberties.

Table of Authorities includes:

Richard W. Garnett, Religious Freedom, Church Autonomy, and Constitutionalism, 57 Drake L. Rev. 901 (2009).

Richard W. Garnett, Religious Schools and Religious Rites, SCOTUSblog (Dec. 2, 2025), https://www.scotusblog.com/2025/12/religious-schools-and-religious-rites/

Nicole Stelle Garnett & Tim Rosenberger, Unconstitutional Religious Discrimination Runs Rampant in State Programs, Manhattan Institute (Dec. 14, 2023), https://bit.ly/4ql7Pzz; ReligiousEquality.net (last visited Feb. 1, 2026) https://bit.ly/4r0pSwc

Nicole Stelle Garnett et al., The Persistence of Religious Discrimination in Publicly Funded Pre-K Programs, Manhattan Institute (Jan. 21, 2025), https://bit.ly/4pECM2e

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