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 2012 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. 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. However, exactly which types of employees should qualify as a "ministers," and thus how broadly the exception should apply, was the subject of recent litigation before the Supreme Court.