Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC

Linked with:

• 10-760

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

• 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

• Brief for respondent Cheryl Perich
• Brief for the Federal 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

Certiorari-stage documents

• 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)