Last week, the Supreme Court heard oral argument in Our Lady of Guadalupe School v. Morrissey-Berru , a case in which the Ninth Circuit dramatically reduced the scope of the so-called ministerial exception, which precludes the government from meddling with the church-minister relationship. The oral argument revealed a sharply divided court, with the Justices searching for a way to avoid entangling the federal courts in religious questions. The dispute between the parties turns on what qualifies a religious teacher as a “minister” within the scope of the ministerial exception. The schools argued that a functional analysis that considers the teachers’ religious duties is appropriate. The teachers argued that religious duties alone are insufficient, the teacher must also be vested with a religious title. Both sides faced tough questioning and a divided opinion is likely, but at the end of the day, it was clear many Justices were looking to minimize the role of the federal courts in assessing religiosity—a fact which should weigh in favor of the schools here. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC This is not the first time the ministerial exception has been under assault. Almost ten years ago, in Hosanna-Tabor Evangelical Lutheran Church […]
