Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 21 of 36
as those of faith and doctrine.’” Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S.Ct. 2049, 2055 (2020) (quoting Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America, 344 U.S. 94, 116 (1952)). The “independence of religious institutions in matters of ‘faith and doctrine’ is closely linked to independence in what we have termed ‘matters of church government.” Id. at 2060 (quoting Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C., 565 U.S. 171, 186 (2012)). This “does not mean that religious institutions enjoy a general immunity from secular laws, but it does protect their autonomy with respect to internal management decisions that are essential to the institution’s central mission.” Id.
The State argues that the houses of worship exclusion “does not infringe upon Plaintiffs’ right to decide matters of ‘faith and doctrine’ or ‘church government’” because Plaintiffs “do not allege that carrying a firearm in church is itself an element of their religious practice.” Dkt. 43, at 13. According to the State, Plaintiffs only allege that the houses of worship exclusion “impermissibly restricts what worshippers may possess in houses of worship.” Id. This argument fails. As discussed above, Pastor Spencer and members of the Church’s security team provide armed security to the congregation because they sincerely believe that God has called them to do so. The new law, in effect, forces them to disregard this spiritual calling and, notably, dictates that protection of the Church may only be provided by a different group of people—i.e., individuals fitting into a statutory exemption. The Supreme Court instructs that “a component” of a church’s
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