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.
Benton C. Martin,
Protecting Preachers from Prejudice: Methods for Improving Analysis of the Ministerial Exception to Title VII,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol59/iss5/9