Religion Law Quiz #1

Welcome to the inaugural episode of The Religion Law Quiz Podcast!  Today we cover a True/False question dealing with the First Amendment and the ministerial exception.  Let's see how you do.  

 

TRUE OR FALSE: Both the Establishment Clause and the Free Exercise Clause of the First Amendment bar the government from interfering with the decision of a religious group to fire one of its ministers.

 

(Scroll down for the answer)

 

ANSWER: True

 

“The Establishment Clause prevents the Government from appointing ministers, and the Free Exercise Clause prevents it from interfering with the freedom of religious groups to select their own.”  Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 565 U.S. 171, 184 (2012). 

….

P 188-89

”We agree that there is…a ministerial exception [in the Constitution]. The members of a religious group put their faith in the hands of their ministers. Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments. According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.“  Id. At 188-89. 

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are informal, non-binding hypothetical questions intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.