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Short Circuit
Short Circuit 114 – Live at UCLA (9/27/19)
Sep 27, 2019
Law professors Eugene Volokh and Richard Re discuss Kennedy's retirement and its impact on the court, the relevance of the 11th Amendment and sovereign immunity in a lawsuit against a university, the collection of funds from students and potential discrimination lawsuits, a hypothetical scenario about the enforcement of federal gun laws, a case touching on immigration and administrative agency interpretation, applying the ministerial exception in religious liberty cases, and the requirements for participation in marriage ceremonies and judges' decision making.
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Quick takeaways
- The court struggles to define the scope of the ministerial exception, balancing religious freedom and avoiding preferential treatment for different religious practices.
- The court's decision on the interaction between generally applicable laws and religious liberty could have significant implications for religious institutions in employment matters.
Deep dives
The ministerial exception and its application to a Catholic school teacher
This case explores the interaction between federal anti-discrimination law and the religion clauses of the First Amendment. The plaintiff, a fifth-grade teacher at a Catholic school, was fired after being diagnosed with breast cancer. She argues that this violated the Americans with Disabilities Act. However, the school claims protection under the ministerial exception, which exempts certain religious institutions from federal anti-discrimination law. The court wrestles with defining the scope of the exception and whether the plaintiff qualifies as a ministerial employee. The majority determines that she does not qualify as a minister and allows her ADA claim to proceed.
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