Tags » Ministerial Exception

DEFAMATION AND INTERFERENCE WITH CONTRACTUAL RELATIONS

The search for theories of recovery that evade the scope of the Ministerial Exception and the Ecclesiastical Abstention Doctrine is ongoing.  The theories that seem to offer some hope to aggrieved plaintiffs and to survive motions to dismiss, occasionally, are defamation and interference with contractual relations.  584 more words

WE BUILT THIS CITY ON ROCK AND ROLL

Jefferson Starship’s 1985 tribute to rock’s influence on the “city by the bay” even today transports us to a part of our cultural history.  If music can do that in a secular setting, can there be any doubt it can do so in a worship service?  256 more words

FIRINGS FOR CAUSE

Several federal courts have held that the principal of a church school is sufficiently ministerial such that federal employment claims cannot be enforced. The Ministerial Exception, a subset or cousin to the Ecclesiastical Abstention Doctrine, may not even allow enforcement of a written employment contract in some circumstances. 536 more words

PASTOR EMPLOYMENT CONTRACTS AND THE MINISTERIAL EXCEPTION

One of the interesting questions in church law is whether an employment contract with a pastor overrides the Ministerial Exception.  The Ministerial Exception is the label for the First Amendment doctrine which excludes some church employment issues from governance by secular law or secular courts.  312 more words

STRATEGICALLY LIMITING LITIGATION

Lawyers have been guilty at times of being mechanistic in responding to the circumstances of a case as if all cases are the same. Fortunately, even though often overwhelmed by numerous cases and with too few staff attorneys to support judicial decisionmaking, judges sometimes are creatively able to reign in a lawsuit. 298 more words