Wash. Supreme Court published opinion — 961328.pdf

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Richardson, 403 U.S. 672, 677, 91 S. Ct. 2091, 29 L. Ed. 2d 790 (1971) (plurality

opinion)), there was no such tension in the matter at hand. “Both Religion Clauses bar

the government from interfering with the decision of a religious group to fire one of its

ministers.” Id.

Our Lady of Guadalupe revisited the ministerial exception. In that case, two

teachers at Catholic primary schools were terminated and sued their employers for

discrimination. 140 S. Ct. at 2057-59. Both trial courts granted summary judgment for

the school employers based on the Hosanna-Tabor exception. Id. at 2058. The Ninth

Circuit reversed, noting that while the respective teachers had “‘significant religious

responsibilities,’” their duties alone were not dispositive under Hosanna-Tabor: they did

not have the formal title of minister, had limited formal religious training, and did not

hold themselves out to the public as religious leaders or ministers. Id.

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No. 96132-8

The Supreme Court disagreed with the Ninth Circuit, concluding the ministerial

exception applied and foreclosed the teachers’ employment claims. The Court observed

that the First Amendment precludes the government from interfering with the right of

religious entities to decide matters of “faith and doctrine.” Id. at 2060. Similarly,

religious institutions are insulated from government intrusion on matters of “church

government,” which includes religious entities’ internal management decisions, such as

the selection of individuals who play key roles. Id. The ministerial exception, based on

this notion, protects the freedom of religious institutions to choose and remove ministers

without government interference. Id. at 2060-61.