In Coronado-Arrascue v. Roman Catholic Diocese of Colorado Springs, (CO App., Nov. 13, 2025), a Colorado state appellate court held that the dismissal on church autonomy grounds of a priest's defamation suit against his former diocese does not preclude the award of attorney's fees by the court to the Diocese. The court said in part:
[Plaintiff] contends that the court lacked subject matter jurisdiction to enter the award. In support of this contention, he reasons that because the court determined that the church autonomy doctrine divested it of subject matter jurisdiction to consider the substance of his claims, it follows that the church autonomy doctrine also divested the court of subject matter jurisdiction to consider the Diocese’s request for an award of fees and costs. Second, Coronado-Arrascue contends that resolving the Diocese’s request for fees and costs would require the court to become “excessively entangled” with religion in violation of the church autonomy doctrine. We reject both contentions....
... [T]he unambiguous language of section 13-17-201 and section 13-16-113(2) provides that an award of fees and costs is mandatory regardless of whether a complaint was dismissed for failure to state a claim or for lack of subject matter jurisdiction. ...
So, regardless of the court’s decision on the merits of Coronado-Arrascue’s claims, its assessment of whether there was a basis to award the Diocese its fees and costs was a separate determination.
... [I]t wasn’t necessary, as Coronado-Arrascue claims, for the court to “probe internal ecclesiastical matters” to determine whether there was a basis to award fees and costs. Rather, the court was only required to examine the face of his complaint to determine whether the substance of Coronado-Arrascue’s claims were pleaded in tort.
[Thanks to John Melcon for the lead.]