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The Ministerial Exception of the First Amendment: Employment Discrimination and Religious Organizations

Description: This report analyzes the history and constitutional bases for the ministerial exception and examines selected statutory provisions reflecting its protections under federal employment laws. The report examines the distinction between the constitutional and statutory protections for religious organizations and addresses critical questions involved in judicial consideration of the ministerial exception. It analyzes which employees may qualify as ministerial, the extent to which courts may defer to religious entities claiming the exception, and whether the exception may apply to any claim brought against a religious entity.
Date: December 10, 2014
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department