Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC

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10-760

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-553	6th Cir.	Oct 5, 2011 Tr.Aud.	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.

SCOTUSblog Coverage

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

Amicus Briefs Supporting Petitioner

Merits Briefs for Respondents

Amicus Briefs Supporting Respondent

Certiorari-stage documents

Amicus brief of Christian Reformed Church in North America et al. (unavailable)

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Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC

SCOTUSblog Coverage

Briefs and Documents

Certiorari-stage documents

Featured Posts

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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Conference of January 18, 2019

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