Clergy Contracts

31 Pages Posted: 22 Aug 2018

Date Written: July 1, 2018

Abstract

The Supreme Court expressly disclaimed addressing the issue of contractual rights when if recognized a Religion Clause-based "ministerial exception" to the antidiscrimination laws in Hosanna-Tabor Evangelical Church and School v. EEOC. Nevertheless, the implications of that decision for a church's contracts with clergy continue to be debated. Indeed, potential applications of the ministerial exception to that setting could render "clergy contracts" an oxymoron if agreements between churches and their ministers are rendered unenforceable. Such a result, while freeing churches from agreements they have come to regret ex post, risks burdening churches with an inability to enter into beneficial contracts ex ante. This article explores the various issues implicated and the ways in which clergy and churches may continue to contract with each other.

Keywords: Ministerial Exception, Hosanna-Tabor, Clergy, Contracts, Holy Trinity, Religion Clauses, Free Exercise, Establishment, Ecclesiastical Abstention, Church Courts

Suggested Citation

Sullivan, Charles A., Clergy Contracts (July 1, 2018). Employee Rights and Employment Policy Journal, Forthcoming, Seton Hall Public Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3239036

Charles A. Sullivan (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States
973-477-7121 (Phone)

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