The Ministerial Exception is a particular rule that stems from the 1st. Amendment in the U.S.A.; the Supreme Court has enforced this rule since 1972 and recently in the "2012 Hosana-Tabor case". In this ppt the case is explained. The ppt was used by Adela Perez del Viso in a Legal English Zoom Class, at Universidad Catolica de Cuyo sede San Luis.

1. Race and Gender
Discrimination and the
Ministerial Exception
By Adela Perez del Viso- Universidad Católica de Cuyo sede San Luis

2. The ministerial exception
● The ministerial exception, sometimes known as the "ecclesiastical
exception," is a legal doctrine in the United States, barring the application
of anti-discrimination laws to religious institutions' employment
relationships with its "ministers."
● As explained by the Supreme Court in the landmark case Hosanna-Tabor
Evangelical Lutheran Church and School v. E.E.O.C., the exception is drawn
from the First Amendment to the United States Constitution, and seeks to
both (1) safeguard religious groups' "freedom . . . to select their own
ministers," a principle rooted in the Free Exercise Clause, and (2) prevent
"government involvement in ecclesiastical decisions," a prohibition
stemming from the Establishment Clause
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3. The First Amendment:
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4. The First Amendment:
● Constitution of the United States
● “Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
Government for a redress of grievances.”
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5. The ministerial exception
● When applied, the exception operates to give
religious institutions an affirmative defense when
sued for discrimination by employees who qualify as
"ministers”.
● For example, female priests cannot sue the Catholic
church to force their hiring.
● It is complicated as to other religious organisations.
When a priest or a preacher is dismissed, does it
qualify as racial or disability discrimination or not? 5

6. Let´s see…
Let´s study the case
“Hossanna-Tabor”
Supreme Court of
U.S.A. 6

7. The Hosanna-Tabor facts
In 1999, Cheryl Perich started teaching at Hosanna-Tabor Evangelical
Lutheran Church and School, an affiliate of the Lutheran Church–Missouri
Synod in Redford, Michigan. In addition to other duties, Perich led
students in prayer and taught a religion class several days a week.
In 2004, Perich left on disability and was diagnosed with narcolepsy. In
2005, after being cleared by her doctors to go back to work, the school
told her that they already hired someone else. Perich then threatened to
file suit, and so the school promptly fired her for "insubordination and
disruptive behavior". Perich sued for unlawful dismissal under the
Federal Americans with Disabilities Act.
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8. The Hosanna- Tabor case
• In 2012, in Hosanna-Tabor, the Supreme Court
faced the ministerial exception for the first time
• Writing for the majority, Chief Justice John
Roberts affirmed the exception, grounding it in
both the Free-Exercise and Establishment
Clauses.

9. The Hosanna- Tabor case
• The majority also found that it applied to the
case at hand, barring Cheryl Perich, a teacher,
from suing her employer, a Missouri
Synod church and school, pretending to be a
minister.
• The court declined to adopt a "rigid formula" to
determine who is a minister.

10. LISTEN TO THE AUDIOS
• You may liste to the Court discussion HERE.
• https://www.oyez.org/cases/2011/10-553

11. Thanks!
Any questions?
You can find me at
● @VisoAdela
● adelamperezdeviso@gmail.com
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12. Announcement
--DIPLOMATURA EN I.J. PARA DH:
Unidades 5 y 6. Rights of the Child and
Disable / Older Persons.
Plus Final Exam. Plus Final Work.
--SEMINARIO DE INGLES JURIDICO:
Temas: Banckruptcy; I.P.Rights;
Company law.
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13. Credits
Special thanks to all the people who made and
released these awesome resources for free:
● Presentation template by SlidesCarnival
● Photographs by Unsplash
● Wikipedia- The Hossana Tabor case.
● Oyez webpage
● Justia Verdict - The Ministerial Exception
Allows Racial Discrimination by Religions- 16
JUL 2020 - LESLIE C. GRIFFIN 13