Ministerial exception

The ministerial exception is a doctrine under the First Amendment that prevents government from interfering in a religious organization's decisions about who serves as a minister or otherwise carries out its religious mission. It means that ministers generally cannot sue their church for employment discrimination, even under laws such as the Americans with Disabilities Act.

The Supreme Court recognized it unanimously in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012), holding that a teacher who had religious training and duties was a minister. In Our Lady of Guadalupe School v. Morrissey-Berru (2020), the Court applied it more broadly to Catholic school teachers who taught religion as part of their duties, emphasizing function rather than title.

Supporters say the doctrine protects the independence of religious communities to decide matters of doctrine and leadership, grounded in both the Free Exercise Clause and the Establishment Clause. Critics say it can leave employees, including those who are not clergy, without protection against discrimination or retaliation, and worry that it could be stretched to cover many workers at religious institutions. The reach for roles such as teachers, music directors and chaplains continues to be litigated. See religious liberty.