The First Amendment vs Government Overreach: The Church Autonomy Doctrine with Rachel Morrison

Does the government have legal authority to control and investigate Churches and religious organizations?

In this episode of the Napa Legal Podcast, Frank DeVito is joined by Rachel Morrison (from the Ethics and Public Policy Center) to explain how the First Amendment and the Church Autonomy Doctrine protect religious organizations from government interference. They discuss a recent amicus brief submitted to the US Supreme Court on Rachel's behalf in United States Conference of Catholic Bishops v. O’Connell. The brief urges the Court to hear a case that will determine if religious organizations can immediately appeal denials of church autonomy doctrine defenses.

Rachel was an attorney for the Equal Employment Opportunity Commission (EEOC) and brings a unique perspective on the Commission's workings. She explains how EEOC investigations can impose serious costs on and distract churches from their missions.

Rachel is currently a Fellow at the Ethics and Public Policy Center (EPPC), where she directs EPPC’s Administrative State Accountability Project. An attorney, her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights.

Key Moments:

0:45 Introduction

2:21 What is the Church Autonomy Doctrine and the Ministerial Exception?

6:47 How Does it Function: Jurisdictional Bar vs. Affirmative Defense and 17:55 How Unjust Government Investigations Burden Religious Organizations

27:54 USCCB v. O’Connell - The Peter's Pence Case

🡢 What is the dispute?

🡢 Why does it matter?

🡢 How could it impact religious organizations across the country?

36:24 The Administrative State Accountability Project and Upholding Religious Liberty

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The Napa Legal Podcast, March 6, 2026