Religious Employment Litigation Under the First Amendment
February 2012 issue of the Education Law Association's monthly School Law Reporter.
In a January 2012 decision, the U.S. Supreme Court recognized the existence of a “ministerial exception” under the First Amendment of the United States Constitution, offering significant protection for employment decisions of religious schools and other entities but also leaving room for individual court discretion in applying this defense in future cases. In a brief feature commentary, Ms. Kalzer summarizes and analyzes the decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC and predicts the direction of future litigation involving religious entities over these questions.
The Education Law Association (ELA) is a professional community of scholars, attorneys, educational administrators, and others with an interest in education law, public and private, at the K-12 and university levels. Ms. Kalzer also presented on this subject at the ELA's 2011 Annual Conference. To obtain a copy of the article, please contact Tom Hutton.