What is the ministerial exception? Where did it come from? What has the Supreme Court said about this legal doctrine? In this episode, Rebecca, Liz and Alison recount the history of the ministerial exception and break down the two major cases from the Supreme Court on point: Hosanna-Tabor Evangelical Church and School v. Equal Employment Opportunity Commission and Our Lady of Guadalupe v. Morrisey-Berru.

Background

• "The Right's Religious Liberty Agenda Is on a Collision Course With Labor Law"

• "Supreme Court affirms 'ministerial exception' that protects religious organizations from some lawsuits"

Cases

• Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)

• Our Lady of Guadalupe School v. Morrissey-Berru (2020)

• FFRF and American Medical Women's Association amicus brief

• The Center for Inquiry, American Atheists, and American Humanist Association's amicus brief

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