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6th Circuit Denies Motions To File Amicus Briefs In Ministerial Exception Rehearing Bid

By Howard M. Friedman

In March, the 6th Circuit in EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School held that parochial school teachers who teach primarily secular subjects are covered by the Americans With Disabilities Act. (See prior posting.) The court reasoned that they are not "ministerial employees" who are excepted from coverage. Only those who teach primarily religious subjects or who have a central spiritual or pastoral mission are covered by the ministerial exception. Last month, the parochial school filed a motion (full text) seeking an en banc rehearing, arguing that the 6th Circuit should not adopt the "primary duties" test to determine whether the ministerial exception applies, or, if it does, should not use a quantitative test in determining primary duties. A dozen religious organizations, representing a number of religious traditions, sought to file a total of four amicus briefs supporting the petition for an en banc rehearing. (Full text of briefs 1, 2, 3, 4 .). In an unusual move, the 6th Circuit, without explanation, refused to permit the amicus briefs to be filed. (Full text of order.) [Thanks to Luke Goodrich of the Beckett Fund for the lead and the documents.]

Full post as published by Religion Clause on May 15, 2010 (boomark / email).