“the court needs to insist that the ministerial exception doesn’t prohibit anti-discrimination lawsuits by employees of religious schools who aren’t responsible for imparting the faith — teachers who engage in no religious duties whatsoever as well as such employees as janitors, secretaries and food-service workers.”
But Rassbach had a different answer when Kagan asked him about a nurse at a Catholic hospital who prays with sick patients. He said that “may well fall within the exception.” And, in response to a question from Justice Ruth Bader Ginsburg, e said that whether a coach would be covered by the exception would depend on “whether that particular person is performing [an] important religious function.”
These cases involve a tension between two important interests: religious freedom — particularly the right of religious organizations to choose their leaders — and the enforcement of laws against discrimination in employment. In balancing those interests, the court can and should define more clearly who is and who is not covered by the ministerial exception.
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