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Ministerial Exception, Sorted by Year, Click here to sort by Case Name.

Case Name YearDecision of the CourtTopic Group(s)   
Rector of Holy Trinity Church v. United States,143 U.S. 4571892Refusing to apply to churches a federal statute forbidding employment contracts with aliens to work in United States. Ministerial Exception

Naturalization and Foreign Workers


 
McClure v. Salvation Army, 460 F.2d 553 (5th Cir.) cert. denied 409 U.S. 8961972*Fountainhead of Ministerial Exception cases. First Amendment bars ordained minister's claims for unequal pay and Title VII retaliatory discharge. Court states, "The relationship between an organized church and its ministers is its lifeblood." Church Autonomy

Ministerial Exception


 
Simpson v. Wells Lamont Corp., 494 F.2d 490 (5th Cir.)1974*First Amendment bars pastor and his wife from adjudicating claims for violation of 42 U.S.C.A. §§ 1981, 1982, 1983, 1985, and 1986 and for unlawful eviction from parsonage. Church Autonomy

Ministerial Exception


 
National Labor Relations Board v. Catholic Bishop, 440 U.S. 4901979Refused to recognize National Labor Relations Board jurisdiction over lay teachers at religious schools. Ministerial Exception

National Labor Relations Act


 
EEOC v. Southwestern Baptist Theological Seminary, 651 F.2d 277 (5th Cir.)1981*First Amendment bars EEOC from enforcing EEO-6 reporting requirement to the extent it related to seminary's faculty and certain administrative personnel. Church Autonomy

Discovery

Ministerial Exception

Ministerial Exception


 
Kaufmann v. Sheehan, 707 F.2d 355 (8th Cir.)1983*First Amendment bars priest from amending complaint to state claim for violation of archdiocesan due process and canon law. Court rejects arbitrariness exception to the Doctrine of Church Autonomy. Church Autonomy

Ministerial Exception


 
Hutchison v. Thomas, 789 F.2d 392 (6th Cir. 1986) cert. denied, 479 U.S. 8851986*First Amendment bars minister's claims for fraudulent concealment and collusive and arbitrary application of doctrinal statements to compel his retirement. Church Autonomy

Ministerial Exception


 
Rayburn v. Gen. Conf. of Seventh-day Adventists, 772 F.2d 1164 (4th Cir.) cert. denied 478 U.S. 1020 (1986)1986*First Amendment bars sexual and racial discrimination claims brought by applicant for pastoral care position. Church Autonomy

Ministerial Exception


 
Natal v. Christian and Missionary Alliance, 878 F.2d 1575 (1st Cir.)1989*First Amendment bars ordained minister claims for breach of contract, defamation, and emotional distress. Church Autonomy

Church Communications

Ministerial Exception


 
Minker v. Baltimore Annual Conf. of United Methodist Church, 894 F.2d 1354 (D.C. Cir.)1990*First Amendment bars Methodist minister's claims for breach of contract and age discrimination. Church Autonomy

Church Communications

Ministerial Exception


 
Little v. Wuerl, 929 F.2d 944 (3d Cir.)1991*First Amendment bars consideration of Title VII claim brought against Catholic school where non-Catholic elementary teacher sued for religious discrimination when school failed to renew her contract because of her remarriage in a Protestant ceremony. Church Autonomy

Ministerial Exception


 
Scharon v. St. Luke's Episcopal Presbyterian Hosp., 929 F.2d 360 (8th Cir.)1991*First Amendment bars chaplain-ordained minister's claims against Episcopal-affiliated hospital for age and sex discrimination. Church Autonomy

Ministerial Exception


 
Lewis v. Seventh-day Adventists Lake Conf., 978 F.2d 940 (6th Cir.)1992*First Amendment bars minister and his wife from alleging breach of contract, promissory estoppel, outrageous conduct, and loss of consortium claims against religious organization. Church Autonomy

Ministerial Exception


 
Young v. Northern Ill. Conf. of United Methodist Church, 21 F.3d 184 (7th Cir.)1994*First Amendment bars minister's claims against church for sex and race discrimination due to failure to promote. Church Autonomy

Ministerial Exception


 
Yaggie v. Indiana-Kentucky Synod Evangelical Lutheran Church, 64 F.3d 664 (6th)1995*First Amendment bars pastor's defamation claim against church for defamation. Church Autonomy

Church Communications

Ministerial Exception


 
Bell v. Presbyterian Church, 126 F.3d 328 (4th Cir.)1997First Amendment barred executive director who was an ordained minister from suing a religious corporation for tortious contractual interference and interference with prospective advantage, outrageous conduct, breach of covenant of good faith and fair dealing, wrongful termination and breach of pledge to make financial contributions. Church Autonomy

Ministerial Exception


 
Clapper v. Chesapeake Conference of Seventh-Day Adventists, 166 F.3d 1208, (4th Cir.)1998*Dismissing age and race discrimination claim of elementary school teacher, because court found that the teacher's primary duties consist of teaching and spreading the faith and supervising and participating in worship. Church Autonomy

Ministerial Exception


 
Bollard v. California Province of the Society of Jesus, 196 F.3d 940 (9th Cir.)1999*First Amendment did not bar Jesuit novice from suing Jesuits for sexual harassment, where Jesuits disapproved such conduct. Church Autonomy

Ministerial Exception


 
Combs v. Cen. Tex. Annual Conf. of the United Methodist Church, 173 F.3d 343 (5th Cir.)1999*First Amendment bars ordained female minister's claims of sex and pregnancy discriminations. Minsterial exception survives Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990) and City of Boerne v. Flores, 521 U.S. 507 (1997). Church Autonomy

Ministerial Exception


 
EEOC v. Roman Catholic Diocese of Raleigh, 213 F.3d 795 (4th Cir.)2000*First Amendment bars sex discrimination and retaliation claims of lay music minister even though her replacement is not of the same denomination as the defendant church. The ministerial exception survives Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). Court also opines that music is a vital means of expressing religious faith. Church Autonomy

Ministerial Exception


 
Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 (11th Cir.)2000*First Amendment barred ordained minister from suing church defendants for sex discrimination and retaliation. The ministerial exception survived Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). Church Autonomy

Ministerial Exception


 
Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648 (10th Cir. 2002)2002*First Amendment Doctrine of Church Autonomy bars Title VII and constitutional tort claims brought by youth minister and her partner against church entities and church officers and which arose from reduction in minister's duties and parish dialogues regarding sexual orientation. Judge need not recuse himself because he belongs to same denomination as defendants. Church Communications

Expressive Association

Ministerial Exception

Religious Tests for Public Office


 

Except for those entries preceded by an asterisk, Professor Carl H. Esbeck, Isabelle Wade and Paul C. Lyda Professor of Law, University of Missouri-Columbia prepared and copyrighted the text under the column entitled "Decision of the Court." L. Martin Nussbaum, co-chair of the Rothgerber Johnson & Lyons Religious Institutions Group prepared the text under the column entitled "Decision of the Court" which is preceded by an asterisk. The Rothgerber Johnson & Lyons LLP Religious Institutions Group gratefully acknowledges Professor Esbeck's permission to reprint the text which he prepared.

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