Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Oct 5, 2011
|Jan 11, 2012||9-0||Roberts||OT 2011|
Disclosure: Goldstein & Russell represent The NAACP Legal Defense Fund et al. as amici curiae in support of respondent.
Holding: The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws. Moreover, because the respondent in this case was a minister within the meaning of the ministerial exception, the First Amendment requires dismissal of her employment discrimination suit against her religious employer.
Judgment: Reversed, 9-0, in an opinion by Chief Justice Roberts on January 11, 2012. Justice Thomas filed a concurring opinion. Justice Alito also filed a concurring opinion, which was joined by Justice Kagan.
- Opinion recap: A solid "ministerial exception" (Lyle Denniston)
- Reflections on Hosanna-Tabor -- Justice Breyer’s statutory question (Marty Lederman)
- Argument recap: Blurry line between church and state (Lyle Denniston)
- Argument preview: Faith, teaching, and the Constitution (Lyle Denniston)
- Academic round-up (Amanda Frost)
- Petition of the day (Kiran Bhat)
Briefs and Documents
Merits Briefs for Petitioner
- Brief of petitioner Hosanna-Tabor Evangelical Lutheran Church and School
- Reply brief for petitioner Hosanna-Tabor Evangelical Lutheran Church and Schools
Amicus Briefs Supporting Petitioner
- Brief for the American Association of Christian Schools
- Brief for the American Center for Law and Justice and the Intervarsity Christian Fellowship/ USA Urging Reversal
- Brief for the American Jewish Committee and the Union for Reform Judiasm
- Brief for American Bible Society et al.
- Brief for the Council for Christian Colleges and Universities
- Brief for Evangelical Covenent Church et al.
- Brief of the International Center for Law and Religious Studies at Brigham Young University
- Brief for the International Mission Board of The Southern Baptist Convention et al.
- Brief for Justice and Freedom Fund
- Brief for Lutheran Church-Missouri Synod
- Brief for Michigan and 7 Other States
- Brief for the Muslim-American Public Affairs Council et al. Urging Reversal
- Brief for Professor Professor Eugene Volokh et al.
- Brief for Religious Organizations and Institutions
- Brief for the Rutherford Institute
- Brief for Jewish Educational Center et al.
- Brief for Religious Tribunal Experts
- Brief for Trinity Baptist Church in Support of Jacksonville
- Brief for the United States Conference of Catholic Bishops et al.
- Brief for Wallbuilders, Inc.
Merits Briefs for Respondents
Amicus Briefs Supporting Respondent
- Brief for the NAACP Legal Defense Fundet al.Urging Affirmance
- Brief for People for the American Way
- Brief for Law and Religion Professors
- Brief for Bishopaccountability.Org, et al.
- Brief for Antitrust Professors and Scholars
- Brief for the Anti-Defamation League
- Brief for Americans United for Separation of Church and State et al.
- Brief for the American Humanist Association and American Atheists, Inc. et al.
- Brief for the National Employment Lawyers Association
- Brief for Neil H. Cogan Urging Affirmance
- Opinion below (6th Circuit)
- Petition for certiorari
- Brief in opposition of the EEOC
- Brief in opposition of respondent Cheryl Perich
- Amicus brief of religious organizations
- Amicus brief of Christian Reformed Church in North America et al.
- Amicus brief of International Mission Board of the Southern Baptist Convention et al.
- Petitioner's reply brief
- Amicus brief of Christian Reformed Church in North America et al. (unavailable)