V Kendall Brill Klieger
June 24, 2013
Emergency Applications Attorney
Office of the ClerkSupreme Court of the United StatesWashington DC 20543-0001
pplication for a Stay in
Decrescenzo v. Church
Dear Emergency Applications Attorney:I enclose a stay application, supporting appendix, proof of service, and accompanying petitionfor writ of certiorari. The stay application, made pursuant to 28 U. SC. §§ 2101(f) and 1651, andSupreme Court Rule 23, is directed to Justice Kennedy in his capacity as Circuit Justice for theNinth Circuit.
The application, filed by Petitioner Church of Scientology International (the ’Church"), seeks a
stay of an order issued by the Superior Court of California, Los Angeles County, based upon anunconstitutional denominational preference applied by California law, which requires the Church
to produce records of confidential penitential communications The Church seeks to stay this
order, and prevent the production of the religious documents at issue, pending resolution of the
significant First Amendment issues raised in the Church’s accompanying Petition for Writ ofCertiorari. The records are due to be produced on
July 2, 2013.
The transcribed oral order sought to be stayed is at pages D 6a-36a of the accompanying
Appendix, and is dated March 6, 2013. A minute order entering that oral order is found in the
Appendix at pages C 3a-5a.
The enclosed stay application, and the Church’s Petition for Writ of Certiorari, follow theCalifornia Supreme Court’s May 15, 2013 denial (over the dissent of two justices) of a Petitionfor Review of the Superior Court’s order, and are accordingly timely.
Appendix A la. The
Church, having sought review from all higher California courts including the California SupremeCourt, invokes this Court’s jurisdiction pursuant to 28 U.S.C. § 1257(a).As for conformity with Supreme Court Rule 23.3, the Church requested a stay of the Superior
Court’s order at the time it issued, and the Superior Court denied a stay request and made itsorder effective, at that time, on May 6, 2013. Appendix D 6a-36a. The Church sought a further
stay from the California Court of Appeal, which summarily denied the stay request on April 25,
2013. Appendix B 2a. The Church then sought a stay from the California Supreme Court, whichalso denied the stay request, on May 15, 2013. Appendix A 1 a. The Church then sought another
stay of the order in the California Superior Court, which denied the request for an ongoing stay
and made its order effective on July 2, 2013. Appendix F 106a-108a.
10100 Santa Monica Blvd. Suite 1725 Los Angeles, CA 90067 telephone 310.556.2700 facsimile 310.556.2705 www.kbkfirm.com