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The Supreme Court Finds Religion

By R. Scott Oswald
February 28, 2012

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.

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