Our Lady of Guadalupe School v. Morrisey-Berru

The Supreme Court’s July 2020 decision in Our Lady of Guadalupe School v. Morrisey-Berru involved two cases in which religious schools were sued by former teachers claiming wrongful termination. Alliance Defending Freedom filed a friend-of-the-court brief in support of the schools.

Federal employment law prohibits discrimination based on a variety of employee characteristics. But courts have long held that “ministers” may not assert employment discrimination claims against the churches and religious organizations that employ them. In 2012, the Supreme Court not only unanimously affirmed the existence of this constitutionally-based “ministerial exception,” but also embraced a fairly broad understanding of who is a “minister.” The Court understood the need to protect religious organizations’ freedom to choose those who will pass along the faith to the younger generation, without undue government interference.

In its July ruling in favor of the religious schools, the Court clarified and broadened the scope of the ministerial exception. Importantly, the Court ruled that the exemption is based on what an employee does, not just the employee’s title or training. If an employee’s duties include educating people in the faith, instilling its teachings and values, or training others how to live out the faith, they are considered a minister. And courts should give some deference to churches in how those churches view their ministers. All this helps provide religious schools with the freedom they need to make proper decisions when hiring, promoting, firing, and disciplining teachers.

How does the ministerial exception protect churches and ministries?

The strengthened ministerial exception protects the ability of churches and ministries to choose who teaches the faith without worrying about government intervention. Without this exception, churches and ministries could be subject to various employment regulations, including those that prevent employment decisions on the basis of sexual orientation and gender identity. In an increasingly litigious society, strong precedent also has the benefit of reducing the risk of lawsuits that drain ministry resources.

The right protected by the ministerial exception is part of a broader legal concept called church autonomy – the right of churches and ministries to govern themselves. In addition to the ministerial exception, the federal law forbidding discrimination in employment explicitly permits religious employers to prefer individuals “of a particular religion.” Most state statutes have similar exemptions. This means that “religious organizations” may consider an applicant’s or employee’s religious beliefs and conduct in hiring and firing decisions.

What questions still remain after the Our Lady of Guadalupe School decision?

How much will courts defer to religious organizations when determining who is a ministerial employee?
When dealing with non-ministerial employees, to what extent may religious organizations maintain and enforce faith-based conduct standards that reflect their beliefs about marriage, sexual morality, and the distinction between the sexes?

What challenges related to employment are ahead for churches and ministries?

What can I do to better protect my church or ministry?

Do your church or ministry’s governing documents clearly express your beliefs?
Have your employees signed a statement affirming that they have read, agree with, and will abide by your church or ministry’s beliefs?
Does your church or ministry have a code of Christian conduct, grounded in the statement of faith, which establishes behavioral expectations for employees, volunteers, teachers, administrators, campers, students, etc.?
Does your church or ministry have job descriptions that reflect employees’ ministerial duties?

What if my church or ministry needs legal help?

Go to the legal intake form.
Fill out the form, and in the “Brief description of your legal situation” section, state that you are an ADF Church & Ministry Alliance member requesting a document review or consultation on a legal matter.
After you submit this form, an ADF attorney will contact you about your document review or legal matter.