Do we get anymore out of this opinion on this issue than the fact the Sixth Circuit reaches the wrong decision regarding whether she is an employee or a minister? There several tests out there and none are explicitly embraced or rejected.
Marci On Jan 11, 2012, at 2:47 PM, Alan Brownstein <aebrownst...@ucdavis.edu> wrote: > Rick, > > As to lay teachers at religious schools, the Court said, “We express no view > on whether someone with Perich’s duties would be covered by the ministerial > exception in the absence of the other considerations we have discussed.” I > thought that left open the issue of lay teachers at religious schools. Have I > missed something here? > > Alan > > From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Rick Garnett > Sent: Wednesday, January 11, 2012 11:34 AM > To: Law & Religion issues for Law Academics > Subject: RE: Supreme Court sides with church on decision to fire employee on > religious grounds > > Dear Marci, > > I guess not, but I think people usually think of “clergy” as ordained, or as > otherwise officially designated. I think the opinion constitutionalizes an > exception that covers a broader category of “ministers” (including, of > course, many lay teachers at parochial schools, who are not usually referred > to as “clergy.”). > > Best wishes, > > Rick > > Richard W. Garnett > Professor of Law and Associate Dean > Notre Dame Law School > P.O. Box 780 > Notre Dame, Indiana 46556-0780 > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are posted; > people can read the Web archives; and list members can (rightly or wrongly) > forward the messages to others.
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