Liberty University, Inc. v. Laura Barbour Bowes, as Executor of the Estate of Eva Palmer

“[T]he Religion Clauses protect the right of churches and other religious institutions to decide matters of faith and doctrine without government intrusion [and] protects their autonomy with respect to internal management decisions that are essential to the institution’s central mission.” Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S. Ct. 2049, 2060 (2020) (cleaned up) (emphasis added). When it comes to employment discrimination claims against religious organizations, “the First Amendment has struck the balance for us,” and “the ministerial exception bars such a suit.” Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 196 (2012) (emphasis added). “Simply put, the ministerial exception was recognized to preserve a church’s independent authority in such matters. Hosanna-Tabor first endorsed the ministerial exception, and Our Lady of Guadalupe confirmed its strength.” Demkovich v. St. Andrew the Apostle Parish, Calumet City, 3 F.4th 968, 876 (7th Cir. 2021). The Court’s review is necessary yet again to resolve the vitally important First Amendment question surrounding the ministerial exceptions’ scope and nature. The questions presented are: (1) Whether the First Amendment ministerial exception provides religious organizations with immunity from employment discrimination suits, or merely a defense to liability after being subjected to