In a unanimous decision, the U.S. Supreme Court today gave some teeth to the “ministerial exception” that, in essence, precludes some employees of religious institutions from suing them under federal discrimination laws.
I’ve discussed the exception in various posts over the years here and here (see alert below for links). Its been supported in the Second Circuit and by the Connecticut Supreme Court, but until now, the U.S. Supreme Court hasn’t spoken directly on the issue. The SCOTUS blog has already posted its recap of the entire case here (see alert below for link).
My quick reaction to the decision in Hosanna-Tabor v. EEOC, is that the notion of a “ministerial exception” being recognized by the Supreme Court isn’t that much of a surprise. To find otherwise, as the Court stated in its opinion, would be untenable and go against all of the Courts of Appeals. “We cannot accept the remarkable view that the Religion Clauses have nothing to say about a religious organization’s freedom to select its own ministers.”
Please see full publication below for more information.