Tags » Ministerial Exception

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

Fifth Circuit Interprets Ministerial Exception Broadly in Case of First Impression

Last term the U.S. Supreme Court confirmed the existence of the ministerial exception to many of the federal employment discrimination laws. This week, the Fifth Circuit took up the application of the ministerial exception for the first time since the Supreme Court’s opinion in Hosanna-Tabor and applied the exception broadly. 358 more words

Age

PAROCHIAL SCHOOLS AS RELIGIOUS ORGANIZATIONS

It would almost seem counterintuitive to suggest that a parochial school is not a religious organization.  The parochial school may be required to teach secular courses to comply with educational or even accreditation standards but unless there is no significant religious component in the curriculum it would seem unreasonable to view it as secular and not parochial.  362 more words