Victory for Church Autonomy

Earlier in the summer (see here), a Third Circuit panel issued a ruling holding that the constitutional right of a church or religious organization to choose its clergy could be interfered with by courts in antidiscrimination cases unless the case implicated some specific theological principle or issue (such as a doctrinal belief that only men could be clergy).  This created a lot of consternation for those of us involved in defending churches' rights of autonomy, because decisions about who will serve as spiritual leaders and speak for the church are crucial to churches' freedom regardless of whether the decision implicates specific doctrinal principles or theological issues.

But after a series of events, including the death of the panel opinion's author (Judge Edward Becker) before the opinion issued, the case was reheard before a new panel.  Now on rehearing, the court has reached the opposite decision, joining numerous other circuits in holding that the so-called "ministerial exception" to antidiscrimination claims applies not only to claims where a specific doctrinal issue is at at stake, but "to any claim, the resolution of which would limit a religious institution’s right to choose who will perform particular spiritual functions."  This is an important reversal of course from a previous decision that would have harmed church autonomy (and created a circuit split that might have sent the issue to the Supreme Court).  The case is Petruska v. Gannon University.

Tom