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Is everybody a minister? Court won’t interfere with ministerial exception

August 2024 employment law letter
Authors: 

Mark Schickman, Schickman Law

The ministerial exception was created to protect the free exercise of religious entities in appointing their ministerial positions, while allowing legal protections to flow to employees who don’t fall within the exception. But if a religious center requires that Zen teachings imbue every menial task, is the performance of every menial task covered within the ministerial exception?

Zen is one with everything

Alexander Behrend lived and worked at the San Francisco Zen Center as a work practice apprentice (WPA). The Center is the largest Sōtō Zen Buddhist temple in North America. It was formed to “encourage the practice of Zen Buddhism by operating one or more religious practice facilities and educating the public about Zen Buddhism.” Zen Buddhism “involves bringing one’s practice wholeheartedly into the present moment, into the normal activity of one’s daily life.” According to Zen Buddhism, “Work itself is an essential component of Zen training and is indistinguishable from other forms of practice.”

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