Ninth Circuit Hears Oral Arguments on Ministerial Exception

We have previously blogged on the struggle to balance religious freedom and equal protection of the laws.  Under the "ministerial exception," religious organizations may refuse to hire ministers and other "religionists" who do not ascribe to the religious organization's beliefs.  A religious organization cannot be required by anti-discrimination laws to hire a gay person as a director of its Sunday School, for example.  So far, the exception has not been extended to what "Alito" calls "co-religionists.  Those are people who do the normal non-religious work of religious organizations.  A nurse at a Catholic hospital, or an attorney or accountant for a conference of churches, for example.  Alito and Thomas have made it pretty clear that they would vote to extend the exception to co-religionists. They are salivating like Pavlov's dog for the next case. But if the First Amendment allows religious organizations to discriminate even against co-religionists what are we to make of Bob Jones University?  The logical possibilities are worrisome.

Alito and Thomas will get the opportunity they desperately seek very soon.  Last week the Ninth Circuit Court of Appeals heard learned arguments in Union Gospel Mission of Yakima Washington v. Ferguson, a case that has been up and down once already, and which will likely get back to the Supreme Court next year.  

darryll k. jones