Friday, January 26, 2007

Ministerial Exception Bars Race Claim By Church Music Director

In Ross v. Metropolitan Church of God, 2007 U.S. Dist. LEXIS 4784 (ND GA, Jan. 23, 2007), a Georgia federal district court applied the "ministerial exception" to Title VII of the 1964 Civil Rights Act to dismiss a racial discrimination claim brought by the former Pastor of Worship Arts of the Metropolitan Church of God against the Church and its Senior Pastor. The Senior Pastor was charged with making racially insensitive remarks to plaintiff, who is African-American, and telling him that his music "won't work here" because "this is a white church". Ultimately plaintiff was fired. The court held that the First Amendment precludes it from making the kind of inquiry that would be involved in this case-- determining what is suitable music for worship services at the Metropolitan Church. The case had originally been filed in state court and removed to federal court. The court remanded the remaining state law claims to state court.