SCOTUS to Consider Scope of Ministerial Exception
When the Wisconsin Supreme Court decided Coulee Catholic Schools v. LIRC, 2009 WI 88 , Professor Esenberg and I both took to this blog to praise Justice Gableman’s majority decision. The decision is undoubtedly the most important religious liberty case in Wisconsin since Jackson v. Benson (1998) and State v. Miller (1996). It concerned the scope of the “ministerial exception” to anti-discrimination employment laws and the status of a teacher in a religious school.
Recently, the U.S. Supreme Court accepted cert in Hosanna-Tabor Lutheran Church & School v. EEOC. The case presents the same basic question as Coulee: does the ministerial exception include “a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship”?