Yesterday, the U.S. Third Circuit Court of Appeals, upon rehearing, changed its mind about the scope of the "ministerial exception" in Title VII employment discrimination cases. It joined seven other circuits that have considered the issue and held that the First Amendment precludes courts from interfering in any decisions of religious organizations about who will perform spiritual functions and how those functions will be divided. The case, Petruska v. Gannon University, (3rd Cir., Sept. 6, 2006), was set for rehearing after it was determined that the judge who wrote the majority opinion (Becker, J.) in the earlier 2-1 ruling had died after the opinions were completed, but before they were filed. In its earlier opinion in the case, the 3rd Circuit had ruled that the ministerial exception applies only where alleged discrimination is based on religious belief or doctrine, and not where the discrimination is based on some non-religious ground such as gender bias. Now, however, the 3-judge panel unanimously held that the exception applies to any claim, the resolution of which would limit a religious institution’s right to choose who will perform particular spiritual functions. However, the court remanded for further consideration the plaintiff's breach of contract claim against Gannon University.
Today's Inside Higher Education reports on the decision.
