Posner on the "ministerial exception"

Here (thanks to Howard Bashman) is the Seventh Circuit's opinion, written by Judge Posner, in Tomic v. Catholic Diocese of Peoria, which provides a thorough and -- in my view -- excellent discussion of the so-called "ministerial exception" to federal anti-discrimination laws and of the church-autonomy idea more generally. 

Tomic was fired from his position as music director and organist at a Catholic church in Peoria.  He was fired, after a dispute with the Bishop's assistant about Easter music, and replaced by a younger person.  Tomic filed an age discrimination suit.  In this opinion, Judge Posner emphasized that "courts may not exercise jurisdiction over the internal affairs of religious associations," and affirmed the district court's dismissal of the case.  I liked this bit:

or to “Three Blind Mice.” That obviously is false. The religious music played at a wedding is not necessarily suitable for a funeral; and religious music written for Christmas is not necessarily suitable for Easter. Even Mozart had to struggle over what was suitable church music with his first patron, Archbishop Colloredo, whom the Mozart family called the “arch-booby.” “[M]usic is a vital means of expressing and celebrating those beliefs which a religious community holds most sacred. Music is an integral part of many different religious traditions,” including the Catholic tradition. . . .

At argument Tomic’s lawyer astonished us by arguing that music has in itself no religious significance—its only religious significance is in its words. The implication is that it is a matter of indifference to the Church and its flock whether the words of the Gospel are set to Handel’s Messiah

So, we now have a legal reason -- as opposed to the overwhelming aesthetic ones -- for urging pastors and Bishops to reduce Catholic music directors' and cantors' reliance on warbly, treacly junk:  If they are not careful, it will no longer be possible to insist on a distinction, in age-discrimination cases, that the music at Catholic masses really is different from "Three Blind Mice."  (A joke.  Sort of.)