10th Cir.: No interlocutory appeal on ministerial exception. The 2–1 decision is Tucker v. Faith Bible Chapel International, (10th Cir., June 7, 2022). Religion Clause summarizes the decision and dissent here.
Category: Free Exercise Clause
Wis. Ct. App.: Church Daycare Cook Cannot Sue Based on Prohibition against Cohabitation
Wis. Ct. App.: Church Daycare Cook Cannot Sue Based on Prohibition against Cohabitation. The cook had signed a “Statement of Affirmation and Agreement” that prohibited cohabitation with “members outside of marriage.” When the church informed her that it could not permit her to continue living with her boyfriend, she quit and later sued. The court affirmed an employment commission’s decision based on, among other reasons, its determination that the cook resigned, so the church did not take an adverse employment action against her. The Christian Post reports on the decision here. Read the per curiam decision from a three-judge panel here.
W. Dist. N.C.: Religious Pro-Life Demonstrators may proceed in challenge to COVID Order on religious, not free-speech grounds
W. Dist. N.C.: Religious Pro-Life Demonstrators may proceed in challenge to COVID Order on religious, not free-speech grounds. The court granted a motion to dismiss Global Impact Ministries, Cities4Life, and Cities4Life’s president’ claims against Mecklenburg County, North Carolina, to the extent they were based on the First Amendment’s Free Speech clause. But it allowed the prochoice group to proceed in its challenge based on the Free Exercise clause, pointing to recent U.S. Supreme Court decisions and the government’s permitting secular activities during the relevant period. Religion Clause has more details here. Read the order here.
FREE WEBINAR: “The Promise and Perils of Religious Arbitration”
FREE WEBINAR: “The Promise and Perils of Religious Arbitration: New Research, Emerging Trends, and Practitioners’ Perspectives” Emory University’s Center for the Study of Law and Religion is hosting a free webinar at noon E.S.T. on March 3, 2022. Find more details and the registration form here.
N.D. Ga.: Ecclesiastical Abstention Doctrine bars court from deciding “representative status” in Bishop’s suit seeking indemnification of legal fees
N.D. Ga.: Ecclesiastical Abstention Doctrine bars court from deciding “representative status” in Bishop’s suit seeking indemnification of legal fees. The Church Litigation Update covers the case, Kawimbe v African Methodist Episcopal Church, Inc., Opinion and Order (N.D. Ga. Aug. 27, 2021), here. You can read the decision here.
W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage
W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage. The court rejected defenses based on the First Amendment—including the Ministerial Exception— Title VII, and the Religious Freedom Restoration Act, among others. Religion Clause reports on the decision here. Read the decision here: Billard v. Charlotte Catholic High School, (W.D. N.C., Sept. 3, 2021).
S.D. Ind.: Ministerial Exception Requires Dismissal of Title VII Claims By Catholic School Guidance Counselor
“Ministerial Exception Requires Dismissal Of Title VII Claims By Catholic School Guidance Counselor” Religion Clause covers the decision here.
“[Department of Labor] Issues Opinion Letters on FLSA Exempt Status and Ministerial Exception”
The Society of Human Resource Managers describes the recent guidance here.
D.C. Dist.: RFRA requires allowing church to hold in-person, outdoor worship
D.C. Dist.: RFRA requires allowing church to hold in-person, outdoor worship Wagenmaker Law blog covers a recent decision applying the federal Religious Freedom Restoration Act here.
“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action”
“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action.” Religion Clause summarizes the decision here.