Even after the Supreme Court’s recent decision that the so-called “ministerial exception” barred employment discrimination claims brought by a pair of Catholic school teachers, lower courts continue to wrestle with the scope of this exception in the religious education context. The ministerial exception is a First Amendment doctrine that protects religious organizations against employment discrimination claims by employees who play a vital part in carrying out the organization’s religious mission.

Earlier this week, the Massachusetts Supreme Judicial Court ruled in DeWeese-Boyd v. Gordon College that the ministerial exception did not cover discrimination claims brought by an associate professor of social work at a Christian university. The court reasoned that the professor’s responsibility to “integrate” her Christian faith into her teaching and scholarship was not enough to trigger the exception, as this obligation was not the type of “important religious function” required for the exception to apply.

Meanwhile, the Supreme Court of Illinois reached a different conclusion in Rehfield v. Diocese of Joliet, holding that the ministerial exception barred whistleblower claims brought by a sacked Catholic school principal. The court emphasized that the principal’s job duties “entailed numerous religious functions in furtherance of the school’s Catholic mission.”

These cases remind religious organizations that a mission-based employment strategy requires careful planning and attention to detail, including proactively seeking the advice of legal counsel before a claim arises, as, at the moment, there is no guarantee courts will apply the ministerial exception broadly.