Rick-- I hear you. The Court indicates that what is a "minister" will be fact intensive in each case. There are lay teachers in a wide variety of contexts and a wide variety of religious settings. It will be interesting to learn whether the courts treat, e.g., a coach who only coaches at a school (and does not teach during the day) as a "lay teacher" for these purposes. Marci
Marci A. Hamilton 36 Timber Knoll Drive Washington Crossing, PA 18977 215-353-8984 Paul R. Verkuil Chair in Public Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 @Marci_Hamilton _www.facebook.com/professormarciahamilton_ (http://www.facebook.com/professormarciahamilton) In a message dated 1/12/2012 12:16:30 P.M. Eastern Standard Time, rgarn...@nd.edu writes: 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 574-631-6981 (w) 574-276-2252 (cell) _SSRN page_ (http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=342235) Blogs: _Prawfsblawg_ (http://prawfsblawg.blogs.com/) _Mirror of Justice_ (http://www.mirrorofjustice.blogs.com/) _Law, Religion, and Ethics_ (http://lawreligionethics.net/) From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton Sent: Wednesday, January 11, 2012 2:26 PM To: Law & Religion issues for Law Academics Subject: Re: Supreme Court sides with church on decision to fire employee on religious grounds Rick-- I meant by clergy whatever the Court is saying is a "minister" I did not intend "ordained" clergy. Do we still disagree? Marci
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