En Banc 9th Circuit Refuses To Create Test for Who Is Covered By the Ministerial Exception

In an en banc opinion in Alcazar v. Rosas, (9th Cir., Dec. 10, 2010), the full 9th Circuit vacated the portion of the 3-judge panel's decision that adopted a new definition for who is a minister for purposes of the "ministerial exception" doctrine. (See prior posting.) At issue is a challenge by a Catholic seminarian who alleged violations of Washington state's Minimum Wage Law, claiming he was not paid required overtime while in a placement program preparing for the priesthood. The en banc court concluded that appellant was a minister "under any reasonable interpretation of the exception," and that the exception applies to appellant's minimum wage claim  The court went on to hold:

First Amendment considerations relevant to an ordained minister apply equally to a person who, though not yet ordained, has entered into a church-recognized seminary program to become a minister and who brings suit concerning employment decisions arising from work as a seminarian..... We do not address the extent of any ministerial exception concerning minors.... Additionally, we agree ... that, if a church labels a person a religious official as a mere “subterfuge” to avoid statutory obligations, the ministerial exception does not apply.

Courthouse News Service reports on the decision.