You don’t have to be a minister to be a minister: Lessons for religious employers

The First Amendment protects private religious schools from employment discrimination claims filed by teachers whose duties include religious education, the U.S. Supreme Court recently decided. The opinion combined two cases: Lady of Guadalupe School v. Agnes Morrissey-Berru and St. James School v. Biel. What does the decision mean for religious employers? Read on to find out.

Tale of two teachers

The Supreme Court decision begins with a tale of two teachers. Both worked as elementary school teachers at Catholic schools. Both provided religious instruction and prepared their students to participate in Catholic sacraments. And both signed employment agreements requiring them to model the Catholic faith and promote the school’s religious mission.

After their employment was terminated, the teachers filed claims against the schools under federal antidiscrimination laws—one alleging she was fired because of her age and the other alleging she was fired because of her disability.

In defense, the schools invoked the “ministerial exception,” which protects the freedom of religious institutions to choose their ministers and shields religious employers from discrimination lawsuits. The exception is rooted in the religion clauses of the First Amendment, which prohibit government interference with the rights of religious institutions to decide matters of faith and doctrine—including the decision to hire or fire a minister. Thus, an employment discrimination claim by a “minister” against a religious institution is constitutionally barred.