A MINISTERIAL EXCEPTION FOR ALL SEASONS: OUR LADY OF GUADALUPE SCHOOL V. MORRISSEY-BERRU, 140 S. CT. 2049 (2020)

Muehlhoff discusses the Supreme Court's decision in Our Lady of Guadalupe School v. Morrissey-Berru case. The principles articulated in Our Lady of Guadalupe v. Morrissey- Berru lay the foundation for the best path forward. As the majority and concurring opinions demonstrate, faithfully and con...

Full description

Saved in:
Bibliographic Details
Published in:Harvard journal of law and public policy 2022-12, Vol.45 (1), p.465-479
Main Author: Muehlhoff, Jason J
Format: Article
Language:English
Subjects:
Commitment
Employees
Job training
Religion
Religious organizations
Students
Supreme courts
Teaching
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:Muehlhoff discusses the Supreme Court's decision in Our Lady of Guadalupe School v. Morrissey-Berru case. The principles articulated in Our Lady of Guadalupe v. Morrissey- Berru lay the foundation for the best path forward. As the majority and concurring opinions demonstrate, faithfully and consistently applying the ministerial exception to a myriad of contexts can best be done by focusing on the employee's functions over other considerations like title and training; and deferring to the religious entities on what religious functions are critical to the group's mission. An approach centered on these dual pillars honors the First Amendment's steadfast commitment to avoiding governmental entanglement in the internal matters of religious organizations and is applicable to all faiths, circumstances, and seasons.
ISSN:0193-4872
2374-6572