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Constitutional Law

Jan. 20, 2012

Discriminating in the name of religion

The U.S. Supreme Court's decision that ministers cannot sue churches could spell trouble. By Erwin Chemerinsky of the University of California, Irvine, School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).


Few would deny that religious institutions should be able to decide who will be their ministers and require that they be of that faith. The U.S. Supreme Court's decision in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C., 2012 DJDAR 374 (Jan. 10, 2012), was not at all surprising in holding that the First Amendment bars suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws...

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