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The Supreme Court Finds Religion
The U.S. Supreme Court recently held in Hosanna-Tabor v. EEOC that the First Amendment's religion clauses provide for a “ministerial exception.” In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination. The Court held that ministers cannot bring employment discrimination suits to challenge adverse employment actions taken by the religious organizations they serve.
However, the Court's narrow and somewhat vague holding left the ministerial exception's reach and significance unclear. Important issues remain undecided, such as which employees are covered by the exception.
Employees of religious organizations have reason to be cautiously optimistic that the resolution of these issues will afford such employees some protections.
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