Trial Lawyers’ Bottom Line: Ecclesiastical abstention doctrine is never relevant to a court’s subject matter jurisdiction.

The Marist Fathers of Detroit operate two private, Catholic schools, Notre Dame Prep and Marist Academy, in Oakland County. Bettina Winkler attended the middle school for these two institutions, but was denied admission to the high school. She believed the school rejected her because she had dyslexia, a learning disability. She sued under MCL 37.1402, part of the Persons with Disabilities Civil Rights Act.

The Marist Fathers of Detroit moved for summary disposition, arguing that the ecclesiastical abstention doctrine deprived the circuit of subject matter jurisdiction over a challenge to admissions decisions of a religious school. The Marist Fathers also argued that the Persons with Disabilities Civil Rights Act did not apply to religious institutions. The circuit court denied the motion on both grounds.  The Court of Appeals reversed, relying on Dlaikan v. Roodbeen, 206 Mich App 591 (1994).  The panel said that, under the First Amendment, civil courts cannot analyze the decisionmaking process of a religious institution regarding admission. As a result, the panel did not need to reach the question of whether the Act applies to religious schools.  The Supreme Court granted leave to appeal.