Puerto Rico School Case

First Liberty represents two Catholic schools in Puerto Rico—Academia del Perpetuo Socorro and Academia San José. Both schools originated as parochial schools associated with their respective Catholic parishes, although Academia del Perpetuo Socorro later incorporated independently.

For many years, both schools voluntarily participated in a pension fund for teachers. The schools agreed to contribute a set percentage of their payroll each year, and teachers were not asked to contribute. The fund initially consisted of eighty-three contributing schools throughout Puerto Rico, but over the years that number eventually dropped to forty-three. Due to the resulting financial hardship, the fund ultimately was unable to continue making pension payments and ceased distributions in 2016.

As a result, former employees of various Catholic schools brought suit against a number of parties, including the two schools we represent, as well as a nonexistent entity they labeled the “Roman Catholic and Apostolic Church in Puerto Rico.” The former employees argued that all Catholic-affiliated organizations in Puerto Rico should be held responsible for providing preliminary relief. The courts ultimately granted the preliminary relief, and on appeal, the Puerto Rico Supreme Court upheld the lower court’s determination that individual Catholic churches, schools, and other “dependencies” were “merely indivisible fragments of the legal personality that the Catholic church has,” and thus did not possess legal personalities of their own. Instead, the court deemed all Catholic entities in Puerto Rico jointly liable for claims against the nonexistent “Roman Catholic and Apostolic Church in Puerto Rico.”

In a nutshell, the Puerto Rico Supreme Court denied the legal existence of schools that have legally existed for decades, and directed how Catholic churches in Puerto Rico govern themselves. However, the U.S. Supreme Court has applied the First Amendment to prevent courts from meddling in how churches organize themselves. The Puerto Rico Supreme Court’s decision flouts this longstanding constitutional rule protecting church autonomy.

“If a court can tell a church or school how to operate, it’s only a matter of time until government is telling churches what to believe,” said Kelly Shackelford, President, Chief Counsel, and CEO of First Liberty.

In January 2019, the Archdiocese of San Juan, along with four other Puerto Rico Catholic dioceses, asked the U.S. Supreme Court to reverse the decision by the Supreme Court of Puerto Rico that overrides the long-standing structure of Catholic churches and schools.

That’s when First Liberty was called. In February, attorneys with First Liberty Institute filed a brief with the Supreme Court of the United States on behalf of the two Catholic schools responding in support of the petition for certiorari.

In February 2020, the Supreme Court vacated the decision by the Puerto Rico Supreme Court. The Justices then sent the case back to the lower court for further review.  On behalf of two Catholic schools, First Liberty Institute urged the Court to hear the petition filed by the Archdiocese of San Juan, Puerto Rico.

“Our clients are pleased that the court vacated the Puerto Rico court’s ruling that jeopardized their ability to operate without government interference,” said Lea Patterson, Counsel to First Liberty Institute. “If a court can dictate a church’s operating structure, it’s only a matter of time until government tells churches what they can believe. The Supreme Court’s decision is an important step towards protecting religious liberty in Puerto Rico.”