Emory Law Journal


Instead of the current approach, which defers to religious organizations, this Comment argues that any right to church autonomy should be balanced against the government’s interest in enforcing anti-discrimination laws. The need for an appropriate balancing test is confirmed by recent lower court opinions that have struggled to justify a deferential approach in the face of employment decisions by religious institutions that violate federal law and lack any religious justification. After arguing for a more sound constitutional approach, this Comment ultimately proposes an amendment to Title VII that would protect ministers from non-religious discrimination while shielding religious organizations from intrusion on religious expression.