One Judge's Last Word on the Ministerial Exemption
Today Mike Fox posts an extensive analysis of the late Judge Becker's decision in Petruska v. Gannon University. The case involved whether a "ministerial exception" to sex discrimination laws applies to a chaplain suing for discrimination. The purpose of the ministerial exception is to prevent constitutional problems of interference with church affairs. Just a few months before Petruska, Judge Posner had missed a decision finding that an organist was barred by the ministerial exception from bringing a Title VII discrimination act.
Becker provided an extensive analysis, complete with an explanation of the history of the exception and offered a test for determining whether it should apply. Fox predicts that it's Becker's well-reasoned 60-page decision that will either stand the test of time or at a minimum attract the attention of the Supreme Court, which will inevitably tackle the matter in the future.
The decision was published five days after Judge Becker's death, making it literally, his last word on the subject.
Posted by Carolyn Elefant on May 26, 2006 at 02:48 PM | Permalink
| Comments (0)