Dlaikan v. Roodbeen

I dissent from the majority opinion because I believe that it mistakenly creates an irrebuttable presumption in favor of *595religious institutions. Adjudication of plaintiffs’ contract claim will not result in "[setting] foot on the proverbial slippery slope toward entanglement in matters of doctrine or ecclesiastical polity.” Ante at 593. To the contrary, by its unwarranted and unwise expansion of the ecclesiastical exception provided by the Free Exercise Clause, the majority has created a jurisprudential black hole in which the exception swallows the rule of law.

This is an action by three…