Religion and Race: The Ministerial Exception Reexamined

Authors

Ian C. Bartrum, University of Nevada, Las Vegas -- William S. Boyd School of Law

Document Type

Article

Publication Date

2011

Abstract

This essay is a contribution to the Northwestern University Law Review's colloquy on the ministerial exception, convened following the Supreme Court's decision to hear arguments in Hosanna-Tabor v. EEOC.

The author takes the opportunity to consider the (sometimes) competing constitutional values of racial equality and religious freedom. The author offers historical, ethical, and doctrinal arguments for the position that race must trump religion as a constitutional value when the two come into conflict. With this in mind, the author suggests that the ministerial exception should not shield religious employers from anti discrimination suits brought on the basis of race.

Publication Citation

106 NW. U. L. Rev. Coll. 191 (2011)

Recommended Citation

Bartrum, Ian C., "Religion and Race: The Ministerial Exception Reexamined" (2011). Scholarly Works. 681.
https://scholars.law.unlv.edu/facpub/681