Will SCOTUS Allow Judges to Sit on the Throne of St. Peter?

United States Conference of Catholic Bishops v. O’Connell

The closest thing the United States has to a monarchy is the American courtroom.

The berobed judge enters with great solemnity while the bailiff says, “All rise.” The judge sits elevated above all others and is addressed as “Your Honor.” The courtroom is separated from the observing hoi polloi by a thick, wooden bar. The whole setup smacks of a medieval court.
But it isn’t. The procedure, the statements of law put forward by counsel, the jury, and traditions and procedural restraints render it a very democratic institution. The judge has the last word in the courtroom, but he or she is subject to reversal on appeal.

How absurd, then, would it be for a judge to don a different set of robes, the papal vestments of of the Roman Catholic Church, to sit figuratively on the Throne of St. Peter – making tedious distinctions in theology and setting church policy.

Yet that will happen if the U.S. Supreme Court does not grant a review in United States Conference of Catholic Bishops v. O’Connell. This case borders on the satirical but carries serious constitutional weight: Can a federal court sit in judgment over what a priest says from the pulpit – and how the Roman Catholic Church spends and invests its religious offerings?

The case began when a Rhode Island parishioner claimed he was misled about the use of “Peter’s Pence,” a collection made since the 7th century to support charitable activities and evangelism overseen by the Holy See. The plaintiff seeks damages – and more strikingly, an order requiring courts to oversee how the Church describes and administers this offering. 

The U.S. District Court of Appeals in Washington, D.C., should have immediately recognized this as a First Amendment claim concerning the free exercise of religion. Instead, that court allowed the case to proceed without first examining its impact on vital First Amendment rights.

Asking Judges to Wield the Staff of St. Peter

The lawsuit alleges fraud and unjust enrichment, arguing that some of the donations were placed in investment funds that, in turn, were invested in luxury properties and even a Hollywood movie. For those with a passing familiarity with charitable operations, the investment of funds is a standard practice – one that enables compounding returns, to the benefit of the poor. (If you have any doubt that making good investments is a sound practice for a Christian, we refer you to the ultimate authority on that question.)

The fraud claim is that the plaintiff’s priest did not enumerate the investment allocation from the pulpit when appealing for donations.

If courts are allowed to proceed on this case without giving primary consideration to its First Amendment implications, they will put judges in the position of parsing sermons, evaluating religious communications, and second-guessing how a global church allocates charitable funds. 

That is precisely the kind of entanglement the First Amendment was designed to prevent. The “church autonomy” doctrine – rooted in centuries of precedent – bars government from interfering in a religious institution’s internal governance, doctrine, and teaching. 

A Slippery Slope for All Faiths

The stakes extend well beyond the Catholic Church. If courts can adjudicate claims based on what was said during worship services, every synagogue, mosque, and church could face discovery demands over sermons, internal communications, and religious decision-making.

Allowing courts to referee disputes over how a church explains or uses offerings would mark a dramatic expansion of government power into religious life. Today it is Peter’s Pence. Tomorrow it could be tithes, zakat, or any faith-based giving. Indeed, the plaintiff seeks to represent a nationwide class of donors – potentially drawing courts into reviewing religious speech across thousands of congregations. 

That prospect is not just burdensome; it is constitutionally suspect. The Supreme Court has long warned that “the very process of inquiry” into religious matters can violate the First Amendment. If religious groups must endure years of litigation before asserting their constitutional rights, the protection itself becomes hollow. 
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The Supreme Court should take this opportunity to declare: Churches govern their own spiritual affairs, and the state must stay out. When it comes to robes, judges should stick to basic black.

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