Wednesday, December 18, 2019

Supreme Court Grants Cert. In 2 Ministerial Exception Cases

The U.S, Supreme Court today granted review in two cases involving the scope of the "ministerial exception" doctrine. The Court consolidated the two cases for review.  One of the cases is St. James School v. Biel, (Docket No. 19-348, certiorari granted 12/18/2019). In the case, the U.S. 9th Circuit Court of Appeals  in a 2-1 decision held that a 5th grade teacher at a Catholic elementary school is not a "minister" for purposes of the ministerial exception doctrine. At issue was a suit under the Americans for Disability Act brought by a teacher whose contract was not renewed.  (See prior posting.) The 9th Circuit over 9 dissents denied en banc review. (See prior posting.) The second case in which the Supreme Court granted review is Our Lady of Guadalupe School v. Morrissey-Berru, (Docket No. 19-267, certiorari granted 12/18/2019). In the case, the U.S. 9th Circuit Court of Appeals held that a teacher in a Catholic school is not a "minister" for purposes of the ministerial exception doctrine. (Full text of 9th Circuit decision).