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Court Dismisses Claims Challenging All-Male Limits On Theology Faculty

By Howard Friedman

In Klouda v. Southwestern Baptist Theological Seminary, 2008 U.S. Dist. LEXIS 22157 (ND TX, March 19, 2008), a Texas federal district court dismissed on First Amendment grounds seven state and federal causes of action brought by a Sheri Klouda, a faculty member who was forced to resign from her position on the School of Theology faculty at the Southwestern Baptist Theological Seminary. The Seminary?s new president, Paige Patterson, decided that all faculty teaching future pastors had to be qualified to serve as pastor of a local church?a position open only to men. Klouda rejected Patterson?s offer for her to move to become Associate Director of the Writing Center at her same salary. In a lengthy opinion, the court reviewed many of the 5th Circuit?s decisions involving the ecclesiastical abstention and ministerial exception doctrines. The court concluded:

The record clearly establishes that Seminary is a "church" and that plaintiff is a "minister" as contemplated by the ministerial exception doctrine. Moreover, the record establishes as a matter of law that the employment decision made by dfendants concerning plaintiff was ecclesiastical in nature. If the court were to allow plaintiff's claims to go through the normal judicial processes the procedural enanglements would be far-reaching in their impact upon Seminary as a religious organization.?

Reporting on the decision, the Associated Press notes the tension between conservative and moderate factions in the Southern Baptist Convention. It says that the Seminary?s theology faculty currently includes one female professor, but she teaches only women?s classes. From the school?s website, it appears that she is the wife of Seminary President Paige Patterson.

Full post as published by Religion Clause on March 22, 2008 (boomark / email).