Policy & Advocacy
USCCB's Amici Curiae Brief Whole Woman's Health v Smith et al (2018)
Brief of Amici Curiae, Whole Woman's Health, et al (Plaintiffs-Appellees) v. Charles Smith, (Defendant-Appellee) v. Texas Catholic Conference of Bishops (Movant-Appellant)
Brief of Amici Curiae United States Conference of Catholic Bishops, General Conference of Seventh Day Adventists, the Lutheran Church-Missouri Synod, Iowa Catholic Conference, Louisiana Conference of Catholic Bishops, Michigan Catholic Conference, and New York State Catholic Conference In Support of Texas Catholic Conference of Bishops and Reversal, June 25, 2018
The amici urged the Fifth Circuit Court of Appeals to reverse a lower-court ruling that would allow discovery of internal Church communications.
The principal brief of the Texas Catholic Conference of Bishops (the “TX Bishops”) has explained well the chilling effect on their own First Amendment activity if the contested portion of plaintiffs’ subpoena is upheld in this case. TX Bishops Br. Secs. I, III. Amici would add that the chilling effect of such a ruling would extend far beyond the TX Bishops and the present facts—it would chill religious speech and exercise as well as political speech, distorting the internal workings of all religious organizations that participate in public life; and it would threaten a new wave of abuse of the subpoena power against such organizations.
The dispute arose when plaintiffs in abortion-related litigation sought internal communications of the Texas Catholic Conference of Bishops concerning its advocacy on Texas abortion legislation and regulations. The amici argued that compelling production of such communications would improperly intrude into the internal deliberations of religious organizations.
This is not just the TX Bishops’ problem. State Catholic bishops’ conferences across the United States—beginning most immediately with amicus Louisiana Conference of Catholic Bishops within the Fifth Circuit—will feel the impact if this Court were to affirm so broad and intrusive a construction of the subpoena power. As in Texas and Louisiana, state Catholic Conferences nationwide (including amici state Conferences in Iowa, Michigan, New York), as well as amicus United States Conference of Catholic Bishops in Washington, DC, engage in a full range of internal moral and religious deliberations by which they shape and refine their external message on public affairs, including occasional public testimony. This is also true of other Christian groups, including amici The Lutheran Church—Missouri Synod and General Conference of Seventh-day Adventists. Moreover, although religious polities vary dramatically, and present amici certainly do not purport to speak on behalf of religious groups other than themselves, there are many other denominational and otherwise religious organizations that engage in similar public advocacy, which would suffer a similar impact.
The amici conclude that requiring disclosure of internal church communications would threaten religious liberty, church autonomy, freedom of speech, freedom of association, and the right to petition government. They urge the Fifth Circuit to reverse the lower court's decision and protect the confidentiality of internal deliberations by religious organizations engaged in public advocacy.