Separation of Church and Law: The Ministerial Exception in Demkovich v. St. Andrew the Apostle Parish
Religious freedom is increasingly invoked to defeat liability for behavior that has long been regulated under accepted, neutral law, an argument to which many courts and judges appear receptive. One such area of law seeing this activity is the ministerial exception—a judicial principle recognized under the First Amendment. The ministerial exception guarantees religious organizations’ discretion in how they select their “ministers,” or religious employees dedicated to the organization’s religious mission. However, current law lacks clarity regarding the application of the exception to an organization’s treatment Continue reading →