Part II | Outline
Category F | Doctrines
Topic 33 | Institutional autonomy
The concept of religious (sometimes called “church”) autonomy refers to the institutional dimensions of religious freedom. While we often think of religious freedom as an individual right (and it is), there are also important institutional aspects of freedom of religion as well. In the United States, church autonomy is based on both non-establishment and free exercise principles. Since autonomy encompasses values of equality as well as freedom, it is also grounded in the concept of nondiscrimination.
Key ideas
- “The church autonomy doctrine provides that religious communities should have autonomy, or independence, from the government in the formulation of their beliefs and faith, their organizational structure, and ‘the whole range of policies and practices that the organization adopts to conduct, or structure, its operations.’”
- If we are to have meaningful religious freedom, individuals must be able to unite with others of similar beliefs to fully practice their beliefs and govern themselves according to conscience, without undue state interference.
- The right to church autonomy is a key right in a pluralistic society committed to diversity of thought and belief.
Theoretical foundations
- The U.S. Constitution’s First Amendment is recognized as the basis of the church autonomy doctrine, though scholars and courts disagree about whether it arises from the Establishment Clause, the Free Exercise Clause, or both.
- The concepts of religion-state separation and accommodation often emerge as courts grapple with challenges relating to autonomy.
Religious organizations
Autonomy issues effect three main types of religious organizations:
- “churches,” or bodies of like-minded believers, which fall into two main categories: hierarchical and congregational;
- legal entities, which allow religious organizations to function in society and fulfill their perceived missions; and
- religiously affiliated organizations, which may include schools, hospitals, humanitarian agencies, publishing houses, and more.
Autonomy-related issues. Church autonomy issues arise in various areas in which religious organizations conduct their activities, including four common areas below:
Property disputes. In property disputes between members of religious organizations, U.S. courts have taken various approaches, including
- “equal treatment” of religious groups and other organizations, under the law;
- “deference” to the decisions of hierarchical religious organizations, to avoid meddling in ecclesiastical affairs; and
- “neutral principles” applied to disputes involving trusts, deeds, contracts, etc., which courts can resolve without entanglement in religious matters.
Employment and membership
- “Religious organizations have broad discretion to engage in preferential hiring of their own members and to take considerations of religious belief into account in employment decisions.”
- Membership decisions are generally given a high degree of deference with only a few exceptions for “malice or deviation from the church constitutions.”
Church doctrine
- Courts generally decline to interpret the doctrine, policy, and canon law of religious organizations. At times, however, courts have undertaken to interpret religious doctrine, policy, or law in decisions involving neutral principles.
Taxation
- U.S. case law and federal legislation provide strong support for tax-exempt status for religious institutions, but such status is “neither constitutionally mandated by the free exercise clause nor constitutionally forbidden by the establishment clause.”
- In granting religious organizations tax-exempt status, the federal government does not evaluate religious doctrine.
- Though revocation of tax-exempt status for religious organizations is rare, it has happened. For example, the U.S. Supreme Court upheld the IRS’s decision to revoke the tax-exempt status of two educational institutions because their racially discriminatory policies violated “fundamental national public policy.”