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The Cutting Issues in Ministerial Exception Cases

The U.S. Supreme Court in Hosanna-Tabor (2012) and Our Lady of Guadalupe (2020) embraced what Justice Samuel Alito described as the “so-called ministerial exception,” a doctrine that exempts religious organizations from discrimination laws when dealing with certain employees.  Why “so-called”?  Because the exemption covers more than just ministers or the top officials of a religious organization.  But whom else?  Certainly some teachers in church elementary schools, as the U.S. Supreme Court held in both of those cases.
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