Jed Glickstein

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Should the Ministerial Exception Apply to Functions, Not Persons?

122 Yale L.J. 1964 (2013). In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the Supreme Court confirmed what the lower courts had been saying for some time: the First Amendment prohibits the application of the employment discrimination laws to the relationship between a church and its ministers. Despite Hosanna-Tabor’s significance, however, the so-called ministerial exception remains in flux. For...