Questioning The Limits Of The Ministerial Exception

Law360, New York (October 24, 2011, 2:00 PM EDT) -- God said, “Be fruitful and multiply.” But does that make a math teacher at a religious school a “minister”? The United States Supreme Court will soon decide.

On Oct. 5, 2011, the U.S. Supreme Court heard oral argument in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, a case that involves the application of the “ministerial exception.” That exception allows religious organizations, including religious schools, to make employment decisions affecting “ministers” without being subject to anti-discrimination laws.

The ministerial exception is a judicial...
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