Supreme Court Decision

On January 11, the Supreme Court rendered a decision which we view as a very significant victory for the freedom of religious organizations today.  It has to do with whether or not the "ministerial exemption" under the First Amendment bars courts from getting involved in the terms of a person's call/employement, including the termination thereof. The Federal Government (EEOC) had argued that employment laws trump the religious exception, and as a backup had argued that the religious exception only applies to ordained pastors. 

The unanimous Supreme Court held that the religious exception does indeed cover more than just ordained pastors, including at least commissioned lay ministers serving in a religious or partially-religious function, and hence that courts have no business getting involved in the calls of such individuals. This is quite significant, both in striking down the government's effort to narrow the religious exception, as well as in the fact that the decision was unanimous. The Supreme Court very rarely issues unanimous opinions. Also Chief Justice Roberts wrote the opinion himself, which is usually a sign that he viewed it as a very important case.

It maintains the rights of the Church to select and deselect those who serve in a preaching or teaching capacity.