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Labor/Employment,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Jan. 8, 2025

Faith, law, and the ministerial exception: The 9th Circuit's bold stand

The Ninth Circuit's ruling in Markel v. Orthodox Union upholds the ministerial exception, protecting religious organizations' autonomy from employment discrimination lawsuits.

Baruch C. Cohen

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The Ninth U.S. Circuit Court of Appeals delivered a decisive ruling in Yaakov Markel v. Union of Orthodox Jewish Congregations of America et al., No. 23-55088 (9th Cir. Dec. 30, 2024), a case that profoundly underscores the intersection of religious autonomy and employment law under the U.S. Constitution. This decision affirms the ministerial exception, a doctrinal shield that protects religious organizations from employment discrimination lawsuits by those deemed mini...

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