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Religion & Law

: Religion Clause

Court Applies Ministerial Exception to Dismiss Suit by Catholic School Teacher

By Howard M. Friedman

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In Weishuhn v. Catholic Diocese of Lansing, (MI Ct. App., Jan. 26, 2010), a Michigan appellate court dismissed a lawsuit brought by a Catholic school teacher who taught mathematics and religion to 6th, 7th and 8th graders. Plaintiff challenged her termination. The court concluded that plaintiff's duties were primarily religious in nature, and that the ministerial exception doctrine applies to both her Civil Rights Act claim and her Whistleblower Protection Act claim. The court said: "Termination of a ministerial employee by a religious institution is an absolutely protected action under the First Amendment, regardless of the reason for doing so." (See prior related posting.) Yesterday's Michigan Messenger reported on the decision.

Full post as published by Religion Clause on January 28, 2010 (boomark / email).

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