ABSTRACT

'Our Lady of Guadalupe' and the Ministerial Exception to Antidiscrimination Laws [April 30, 2020]   [open pdf - 689KB]

From the Document: "On May 11, the Supreme Court is set to hear oral argument by telephone in two cases involving a doctrine known as the 'ministerial exception.' The ministerial exception prevents courts from interfering with churches' decisions to fire, demote, or otherwise discipline their ministers--even if those actions would otherwise violate federal laws prohibiting employment discrimination. Lower courts have divided on the question of when a religious organization's employee qualifies as a 'minister' under this doctrine. Two cases, combined under the caption 'Our Lady of Guadalupe School v. Morrissey-Berru', present the Supreme Court with the opportunity to clarify when teachers at religious schools should be considered ministers who are unprotected by federal antidiscrimination laws. This Legal Sidebar discusses Supreme Court precedent establishing the ministerial exception and then focuses on the cases under review at the Supreme Court, explaining their procedural history and the parties' arguments."

Report Number:
CRS Legal Sidebar, LSB10455
Author:
Publisher:
Date:
2020-04-30
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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