Ted Hollis Looks at History and Potential Future Direction for Ministerial Exception in Article for Indiana Lawyer
Ted Hollis, an Indianapolis-based partner in the Quarles & Brady Labor & Employment Practice Group, wrote an article for The Indiana Lawyer about the ministerial exception, which exempts religious entities from an array of employment law claims by certain key employees.
The ministerial exception is grounded in the religion portions of the First Amendment and is intended to help preserve freedom of religion. In the article, Hollis outlines several key court decisions involving the ministerial exception over the years and considers what the future may hold for the exception.
The ministerial exception and the statutory Title VII religious exemption provide religious institutions with significant protections against certain types of employment law claims. Both have been the subject of much debate and litigation in recent years. Supporters and opponents argue over their appropriate application in balancing religious freedom versus other civil rights.
The debate over the ministerial exception, the Title VII religious exemption and their relationship to LGBTQ rights will undoubtedly continue in coming years as more cases involving the intersection of these issues make their way through the courts. Ultimately, it is an issue that will have to be resolved by the Supreme Court, which has been friendly toward religious liberty rights in a number of contexts in recent years.