Yaakov Markel v. Union of Orthodox Jewish Congregations of America, a Corporation, et al.

The Ministerial Exception arises out of the Religion Clauses of the First Amendment. It plays a legitimate and important function in preventing governmental intrusion into a religious institution’s hiring, firing, training, disciplining and retention of its ministers. But the Ninth Circuit has now expanded the exception such that it conflicts with this Court’s holdings interpreting both the Ministerial Exception and other generally applicable regulations so as to call into question whether religious institutions may be regulated at all. The Questions presented are:

1. Whether Religious institutions are bound by the contracts they voluntarily enter into, or are entitled, after performance by their minister, to breach those contracts and invoke the Ministerial Exception as a complete defense?

2. Whether the Ministerial Exception is so broad as to bar all suits by a minister against a religious institution, even when those claims arise out of contract or fraud?

3. Whether the Ninth Circuit was correct in exempting religious institutions from all Federal and State regulations governing employee compensation, when this Court has already held that religious institutions are bound by the minimum wage and overtime laws?

4. Whether the Ministerial Exception exempts a religious institution from paying a Minister