By Ryan C. McKim
LOS ANGELES — In a remarkable opinion, a California appellate court held that the “ministerial exception” – a constitutionally based defense to employment claims brought against religious organizations – does not apply to religious school teachers. The “ministerial exception” is intended to ensure the autonomy of religions to select and control those who teach (i.e., “minister”) the faithful.
The facts are simple. A synagogue operates a preschool “to instill and foster a positive sense of Jewish identity and to develop in children favorable attitudes towards the values and practices of Judaism.” The curriculum includes celebration of Jewish holidays, weekly religious observances, recitation of prayers, and introductions to Jewish values. The preschool hires both Jewish and non-Jewish teachers. Teachers do not hold religious titles and need not be ordained. Although teachers are not required to complete course work, the preschool provides “its teachers with Judaic reading materials, including the Temple’s ‘holiday packets,’ which include explanations of each of the Jewish holidays and the symbols, Hebrew vocabulary, foods, and songs associated with those holidays.” Further, the teachers receive “guidance on religious observance” from the school’s rabbis and administrators trained in Jewish education.
Despite their clear role in advancing the synagogue’s religious objectives, the appellate court held that the preschool’s teachers do not qualify for the “ministerial exception.” The court formulated a multi factor test to determine who qualifies as a “minister” for purposes of the “ministerial exception.” In doing so, the court disadvantages religions whose teachers do not bear the qualifications that the court thinks a “minister” ought have. Indeed, the opinion leaves some religious schools vulnerable to costly lawsuits for failing to comply with California’s strict employment laws. Fortunately, religious schools are asking California’s Supreme Court to reverse this precedent. While California’s Supreme Court is not required to accept the case for review, religious schools may urge the Court to do so.
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