Law Commons^™

Employment Discrimination By Religious Institutions: Limiting The Sanctuary Of The Constitutional Ministerial Exception To Religion-Based Employment Decisions, Laura L. Coon

Vanderbilt Law Review

A religious organization enters a contract with a builder to construct a new facility and breaches the contract; a student at a private, religiously-affiliated school slips on a patch of ice and is seriously injured because of the school maintenance crew's negligence. The builder and the student are aggrieved by the actions of the respective religious institutions. Consequently, they seek to re- solve their disputes through the judicial system, as would any other individual with a potential legal claim. Although the adjudicative process would involve church and state, the First Amendment Religion Clauses would not likely be implicated, because the …