3rd Circuit Grants Rehearing In Title VII "Ministerial Exception" Case

The U.S. Third Circuit Court of Appeals yesterday, sitting en banc, vacated the original 3-judge decision and granted a rehearing before a new 3-judge panel in Petruska v. Gannon University, (3rd Cir., June 20, 2006). The original decision, handed down last month, expanded the ability of ministerial employees to bring Title VII employment discrimination claims against churches and religious institutions that employ them through interpreting the "ministerial exception" to Title VII more narrowly than other circuits have. (See prior posting.) Among the issues that may be raised on rehearing is that one of the two judges in the majority in the original decision-- Judge Edward R. Becker who wrote the majority opinion-- died after the opinion was written but before it was formally issued by the court. [Thanks to How Appealing and to Marty Lederman via Religionlaw.]