The U.S. Supreme Court Expands the Ministerial Exception

Thomas K. Johnson II and Tanya Warnke published an article on Thomson Reuters discussing the U.S. Supreme Court decision Our Lady of Guadalupe School v. Morrissey-Berru that expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination laws. The Court’s holding emphasizes the importance of the employee’s function, as well as the religious organization’s definition and explanation of a job’s importance when determining the applicability of the exception. The majority opinion was written by Justice Alito, with a separate concurrence written by Justice Thomas. Justice Sotomayor wrote a dissenting opinion, which was joined by Justice Ginsburg.

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