“Religious schools should be allowed to employ teachers and administrators who share the same goals, views, and values that adhere to their religion, and the 4th Circuit’s decision upholds that fundamental freedom. The court rightly recognized that the ability of religious schools to make employment decisions based on their beliefs is ‘grounded…in constitutional structure’ and that religious employers should be free to operate without fear of punishment by government officials or courts.”
In its decision, the 4th Circuit wrote: “Our court has recognized before that seemingly secular tasks like the teaching of English and drama may be so imbued with religious significance that they implicate the ministerial exception…we think the principle carries through: The ministerial exception protects religious institutions in their dealings with individuals who perform tasks so central to their religious missions – even if the tasks themselves do not advertise their religious nature.”
New: Unanimous 4th Circuit Upholds Religious Liberty in Employment Decisions
Advertisement
Ed Morrissey
Reading the decision, it revealed a curious strategy early in the case to waive the ministerial exception doctrine, as espoused in the unanimous Supreme Court ruling in Hosanna-Tabor. The district court took CCHS at its word and didn't consider it, finding for the plaintiff as a result. The 4th Circuit panel decided that it was in the court's discretion to consider it even if waived, and reversed on that basis. The partial dissent scolds the majority for doing this, but only because Judge King argues that it was unnecessary. The Title VII statute's religious-exemption clause is sufficient to find for CCHS. That means the district court got it wrong in two ways.
Join the conversation as a VIP Member