Tikvah
Editors’ Pick

December 1, 2015

The Justice Department versus the Right of Religious Institutions to Choose Their Own Clergy

Challenging the ministerial exception.

Federal courts have consistently ruled against government interference in decisions made by religious organizations in the hiring and firing of clergy, thus creating what is known as the “ministerial exception” to many anti-discrimination laws. In a 2011 case before the Supreme Court, the Justice Department challenged this exception, unsuccessfully; but, as David Bernstein explains, the story may not be over:

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