Podcast appearances and mentions of Guadalupe V Morrissey

In Our Lady of Guadalupe v. Morrissey-Berru (2020), the Supreme Court expanded on the ministerial exception doctrine it outlined in an earlier case, Hosanna-Tabor v. EEOC (2012). The doctrine holds that federal nondiscrimination laws do not apply to religious organizations in their decisions to hire and fire their “ministers.” It is an increasingly relevant rule in First Amendment jurisprudence, one that deserves careful attention and understanding, especially as there are many outstanding questions left by Our Lady that are already being litigated. Joining us to explain the doctrine, and discuss its history and future, is Jones Day attorney Victoria Dorfman, who represented a distinguished group of law professors in an amicus brief in support of Our Lady of Guadalupe School.Featuring:-- Victoria Dorfman, Partner, Jones Day

Experts discuss the Supreme Court’s broadening of the ministerial exception to discrimination claims and the shift toward more robust Free Exercise and weaker Establishment Clauses.

Experts discuss the Supreme Court’s broadening of the ministerial exception to discrimination claims and the shift toward more robust Free Exercise and weaker Establishment Clauses.

On July 8, 2020 the Supreme Court decided Our Lady of Guadalupe v. Morrissey Berru. In a 7-2 ruling, the court held that that a “ministerial exemption” derived from the First Amendment prevents civil courts from adjudicating schoolteacher Morrisey-Berru’s age discrimination claim. Justice Alito, writing for the majority, held that the process of identifying religious ministers within a specific faith group must be largely left up to that particular faith group, resulting in the reversal of the Ninth Circuits determination that Morrissey-Berru was not a minister. Joining us to discuss this case and its implications is Daniel Blomberg, Senior Counsel at the Becket Fund for Religious Liberty.

On July 8, 2020 the Supreme Court decided Our Lady of Guadalupe v. Morrissey Berru. In a 7-2 ruling, the court held that that a “ministerial exemption” derived from the First Amendment prevents civil courts from adjudicating schoolteacher Morrisey-Berru’s age discrimination claim. Justice Alito, writing for the majority, held that the process of identifying religious ministers within a specific faith group must be largely left up to that particular faith group, resulting in the reversal of the Ninth Circuits determination that Morrissey-Berru was not a minister. Joining us to discuss this case and its implications is Daniel Blomberg, Senior Counsel at the Becket Fund for Religious Liberty.

In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, the Supreme Court, in 2012, unanimously held that, under the First Amendment’s Religion Clauses, “it is impermissible for the government to contradict a church’s determination of who can act as its ministers.” Accordingly, the Court recognized that there is a “ministerial exception” that precludes application of employment-discrimination laws to claims concerning the relationship between a religious institution and its ministers. But who qualifies as a minister? The Hosanna-Tabor Court refused “to adopt a rigid formula,” but found that the employee at issue in that case was a minister in light of several “considerations”—the formal title given to the employee by the church, the substance reflected in that title, the employee’s own use of that title, and the important religious functions the employee performed.Eight years later, the question of “who’s a minister?” is back before the Court in Our Lady of Guadalupe v. Morrissey-Berru, and St. James School v. Biel. In each case, teachers at Catholic schools brought discrimination claims, and the Ninth Circuit concluded the ministerial exception did not apply. Now before the Supreme Court, the schools contend that the Ninth Circuit has adopted the “rigid formula” that the Hosanna-Tabor Court eschewed, and they argue that in most cases a “religious functions” test is sufficient. This is one of the few cases the Court has selected for telephonic argument, which will be held on May 11, 2020. Joining us hours after the argument, for a Courthouse Steps teleforum, will be Jesse Panuccio, who authored an amicus brief in the case on behalf of members of Congress and in support of the schools. Mr. Panuccio is a partner at Boies Schiller Flexner LLP and is the former Acting Associate Attorney General of the United States.Featuring: -- Jesse Panuccio, Partner, Boies Schiller Flexner LLP

In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, the Supreme Court, in 2012, unanimously held that, under the First Amendment’s Religion Clauses, “it is impermissible for the government to contradict a church’s determination of who can act as its ministers.” Accordingly, the Court recognized that there is a “ministerial exception” that precludes application of employment-discrimination laws to claims concerning the relationship between a religious institution and its ministers. But who qualifies as a minister? The Hosanna-Tabor Court refused “to adopt a rigid formula,” but found that the employee at issue in that case was a minister in light of several “considerations”—the formal title given to the employee by the church, the substance reflected in that title, the employee’s own use of that title, and the important religious functions the employee performed.Eight years later, the question of “who’s a minister?” is back before the Court in Our Lady of Guadalupe v. Morrissey-Berru, and St. James School v. Biel. In each case, teachers at Catholic schools brought discrimination claims, and the Ninth Circuit concluded the ministerial exception did not apply. Now before the Supreme Court, the schools contend that the Ninth Circuit has adopted the “rigid formula” that the Hosanna-Tabor Court eschewed, and they argue that in most cases a “religious functions” test is sufficient. This is one of the few cases the Court has selected for telephonic argument, which will be held on May 11, 2020. Joining us hours after the argument, for a Courthouse Steps teleforum, will be Jesse Panuccio, who authored an amicus brief in the case on behalf of members of Congress and in support of the schools. Mr. Panuccio is a partner at Boies Schiller Flexner LLP and is the former Acting Associate Attorney General of the United States.Featuring: -- Jesse Panuccio, Partner, Boies Schiller Flexner LLP