Recently, the 9th Circuit applied, in an unpublished opinion, the U.S. Supreme Court’s broad definition of minister for purposes of the “ministerial exception.” Under the ministerial exception, religious institutions have a First Amendment right “to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.”
The Supreme Court has broadly defined what employment positions are eligible for the application of the exception. In determining whether employees at religious schools are ministers, the Supreme Court has explained that the core consideration is their “role in conveying the Church’s message and carrying out its mission.” Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S. Ct. 2049, 2063 (2020) (citing Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 192 (2012)). “[E]ducating young people in their faith, inculcating its teachings, and training them to live their faith are responsibilities that lie at the very core of the mission of a private religious school.” Id., at 2064.
The 9th Circuit in Orr v. Christian Brothers High School, Inc. held the plaintiff qualified as a minister for purposes of the ministerial exception, focusing on the employee’s role in conveying the Church’s message and carrying out its mission. The court reasoned that the plaintiff participated in religious services and activities, aiding the school in developing a faith-based community and inculcating...
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