Ministerial exception

The ministerial exception, sometimes known as the ecclesiastical exception, is a legal doctrine in the United States barring the application of anti-discrimination and other laws governing the employment relationship between a religious institution and certain key employees with ministerial roles. As the Supreme Court explained in the landmark 2012 case Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C., the exception is drawn from the First Amendment to the United States Constitution and serves two purposes: to safeguard the freedom of religious groups "to select their own ministers" and to prevent "government involvement in [...] ecclesiastical decisions". The first purpose is rooted in the Free Exercise Clause; the second, in the Establishment Clause.[1][2] When the ministerial exception applies, it gives religious institutions an affirmative defense against lawsuits for discrimination.[3] For example, a woman seeking to become a Catholic priest cannot sue the Catholic Church for sex discrimination over its position that women cannot be ordained as priests.[4] The Supreme Court later elaborated on when employees qualify as ministerial – and thus how broadly the exception applies – in Our Lady of Guadalupe School v. Morrissey-Berru (2020).[5]

  1. ^ Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C., 565 U.S. 171, 181-190 (2012).
  2. ^ 77 C.J.S. Religious Societies § 55 (2020).
  3. ^ 45C Am. Jur. 2d Job Discrimination § 2153 (2020).
  4. ^ Sullivan, Amy (2011-10-07). "Why Catholic Bishops are Targeting Obama on Religious Freedom". Time. ISSN 0040-781X. Retrieved 2020-05-30.
  5. ^ Kendall, Brent (2019-12-18). "Supreme Court to Consider Catholic Schools' Exemption From Workplace Suits". Wall Street Journal. ISSN 0099-9660. Retrieved 2020-05-30.