Our Lady of Guadalupe School v. Morrissey-Berru
Issues
Under the First Amendment’s religion clauses, can civil courts adjudicate an employee’s employment-discrimination claim against her religious employer where the employee’s job entailed important religious functions?
This case asks the Supreme Court to determine whether two teachers at two Catholic schools are “ministers” and thus fall within the First Amendment’s “ministerial exception.” This exception immunizes religious employers from generally applicable employment-discrimination laws, so long as the employees at issue are considered “ministers.” Petitioners, Our Lady of Guadalupe School and St. James Catholic School (“the Schools”), contend that that under Hosanna-Tabor, an employee’s “job function” is the primary factor that courts should consider when determining whether an employee of a religious organization qualifies as a “minister.” The Schools contend that both teachers at issue here engaged in important religious functions by teaching religion to students. Respondents and teachers, Agnes Morrissey-Berru and Kristen Biel (“Morrissey-Berru”), counter that Hosanna-Tabor established a four-factor test, looking not only to the employee’s religious functions, but also to her title, training, and actions. According to Morrissey-Berru, neither teacher held a ministerial title, received religious training, nor held themselves out to be ministers. Even looking to their religious functions, she contends that teaching religion among other secular subjects is insufficient to make a teacher a minister. The outcome of this case will have implications for religious organizations’ employment practices and the civil-rights protections of their employees.
Questions as Framed for the Court by the Parties
Whether the First Amendment’s religion clauses prevent civil courts from adjudicating employment-discrimination claims brought by an employee against her religious employer, when the employee carried out important religious functions.
This case consolidates two cases, the first brought by Kristen Biel and the second brought by Agnes Deirdre Morrissey-Berru. Orders and Proceedings, 19-267.
Edited by
Additional Resources
- Ian Millhiser: The Supreme Court Will Hear 2 Major Cases About When Religious Schools Can Ignore Civil Rights Laws, Vox (Dec. 19, 2019).
- Pete Williams: Supreme Court to Decide Scope of Church Immunity to Employment Lawsuits, NBC News (Dec. 18, 2019).
- Eric W. May and Daniel C. Whang: Ninth Circuit Narrowly Construes the First Amendment’s Ministerial Exception for Religious Institution Employers, Employment Law Lookout (July 23, 2019).