Hosanna-Tabor, the Ministerial Exception, and Judicial Competence

6 Elon Law Review 151-71 (2014)

Posted: 21 Oct 2014

See all articles by Mark Strasser

Mark Strasser

Capital University - Law School

Date Written: October 20, 2014

Abstract

In Hosanna Tabor Evangelical Lutheran Church and School v. EEOC, the United States Supreme Court confirmed that the First Amendment incorporates a ministerial exception. Rather than hold that civil courts are not competent to decide disputes between religious organizations and their employees, the Court instead suggested that the exception is an affirmative defense. Further, while the Court found that the plaintiff was a minister for purposes of the exception, the Court listed a number of factors for making that determination without prioritizing them or making clear which were necessary or sufficient for such a finding. This article suggests that for a variety of reasons this decision will muddy the jurisprudence for years to come.

Keywords: ministerial exception, church, employee, jurisdiction, free exercise

JEL Classification: K10

Suggested Citation

Strasser, Mark, Hosanna-Tabor, the Ministerial Exception, and Judicial Competence (October 20, 2014). 6 Elon Law Review 151-71 (2014), Available at SSRN: https://ssrn.com/abstract=2512210

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

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