n>On Monday, the Supreme Court heard oral argument in two cases that concern the proper scope of the “ministerial exception,” Morrissey-Berru v. Our Lady of Guadalupe School and Biel v. St. James School. Both cases involve fifth-grade teachers at Catholic elementary schools whose duties included teaching devotional theology and leading their students in devotional practices, such as daily prayer. In a prior article, we urged the Supreme Court to grant certiorari in Our Lady of Guadalupe for the reasons outlined in our cert-stage amicus brief, which we filed on behalf of a group of distinguished religious-liberty scholars. As we explained in our brief, the ministerial exception protects the autonomy of religious organizations to select those who perform significant religious functions, including religion teachers and others who help transmit the faith. The Supreme Court granted certiorari in both cases, and we filed a merits amicus brief on behalf of 15 scholars, discussing in great detail the historical antecedents of the Religion Clauses and the principles, especially of religious autonomy, that they embody. During Monday’s consolidated oral argument, it became clear that religious autonomy will be the key to the Court’s resolution of these cases.Read Full Article »
