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Christopher Orr v. Christian Brothers High School, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-15109 · judgment November 23, 2021


Certiorari denied · October 3, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

After alleging that his immediate supervisor, the President of his Catholic high school, invoked racist stereotypes against Black people and other persons of color, and referred to tuition assistance rejection letters to parents, including parents of color, as “Go Fuck Yourself” letters, former principal Christopher Orr’s Title VII action for discriminatory termination was barred by the lower courts’ application of the ministerial exception. This despite his evidence that he was the first Black principal at the school, did not have Catholic education training when hired, did not teach classes, did not undergo significant religious training, ordination or commissioning, did not have a religiously significant title, participated in but did not lead or plan religious activities and services, was not held out as a school spiritual leader, was ostensibly charged with the responsibility of guiding and supervising all faculty, including faculty teaching secular and religious subjects, but was never evaluated for his supervisory role, and could not change the content of any religious instruction. The Question for the Court is: Whether the ministerial exception applies to a lay principal who is not a spiritual leader of his religious high school.

Counsel of record

For petitioner
Johnny Lewis Griffin III
Law Offices of Johnny L. Griffin, lll

For respondent
Paul Edward Gaspari
Weintraub Tobin Chediak Coleman Grodin

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jun 22 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 03 2022
    Brief of respondents Christian Brothers High School, Inc., et al. in opposition filed.
  4. Apr 27 2022
    Petition for a writ of certiorari filed. (Response due June 3, 2022)