RELIGIOUS ORGANIZATIONS’ HIRING POLICIES UPHELD IN COURT

by bsu.com

A huge victory for religious liberties was realized when the Sixth Circuit Court of Appeals upheld a religious organization’s First Amendment right to hire and fire ministers and spiritual leaders free from governmental influence. In effect, the Sixth Circuit upheld “the ministerial exception,” which states that the government cannot contradict a church’s determination of who can act as its ministers. This case is particularly significant in that it extends the ministerial exception to groups beyond those run directly by churches and denominations.

The case in question involved a suit filed against InterVarsity Christian Fellowship (IVCF), a non-denominational organization that plants and nurtures campus ministries and communities at the college and university level. A former spiritual director claimed IVCF violated her First Amendment rights to free exercise when they terminated her employment based on religious beliefs. The case was dismissed and later appealed by the former employee on the basis that IVCF waived their ministerial exception by stating they were an equal opportunity employer on their website. The Sixth Circuit Court upheld the original dismissal of the case.

“Because IVCF is a religious organization and [the plaintiff] was a ministerial employee, IVCF’s decision to terminate her employment cannot be challenged under federal or state employment discrimination laws. The Establishment and Free Exercise Clauses do not permit federal or state courts to adjudicate such matters when the defendant properly asserts the ministerial exception as an affirmative defense.”

Why It Matters
This ruling is a huge win for ministries and Christian organizations that don’t fall under the traditional classification of a church. It gives them the right to assign leaders who uphold and live out the biblical standards they represent as well as remove those who don’t.


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