Question Presented (AI Summary)
Whether the Religion Clauses prevent civil courts from adjudicating employment discrimination claims brought by an employee against her religious employer, where the employee carried out important religious functions
Question Presented (OCR Extract)
QUESTION PRESENTED The First Amendment’s Religion Clauses forbid government interference in a _ religious group’s selection of its ministerial employees. The federal courts of appeals and state courts of last resort have long agreed that the key to determining ministerial status is whether an employee performed important religious functions. This Court's unanimous 2012 ruling in MHosanna-Tabor Evangelical Lutheran Church & School v. EEOC was consistent with that existing analytical consensus, and other circuits and states since 2012 have continued to rely on it. Yet the Ninth Circuit has now twice ruled that, under Hosanna-Tabor, important religious functions alone can never suffice—those functions must always be accompanied by considerations such as a religious title or religious training in order to demonstrate ministerial status. The question presented is: Whether the Religion Clauses prevent civil courts from adjudicating employment discrimination claims brought by an employee against her religious employer, where the employee carried out important religious functions.
Docket Entries
2020-08-10
JUDGMENT ISSUED.
2020-04-13
Argument to be rescheduled for May 2020.
2020-03-04
The record of the USCA 9th Circuit is available on Pacer.
2020-02-19
Record requested from the U.S.C.A. 9th Circuit.
2020-02-07
Brief amici curiae of State of Alaska, et al. filed (in 19-267).
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-01
Reply of petitioner Our Lady of Guadalupe School filed. (Distributed)
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Waiver of the 14-day waiting period under 15.5 filed.
2019-10-28
Brief of respondent Agnes Morrissey-Berru in opposition filed.
2019-10-18
Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2019.
2019-10-17
Motion to extend the time to file a response from October 18, 2019 to October 28, 2019, submitted to The Clerk.
2019-10-01
Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.
2019-09-30
Brief amicus curiae of National Legal Foundation filed.
2019-09-30
Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
2019-09-30
Brief amici curiae of Christian Legal Society et al. filed.
2019-09-30
Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.
2019-09-30
Brief amicus curiae of Stephen Wise Temple filed.
2019-09-27
Brief amici curiae of State of Alaska, et al. filed.
2019-09-27
Brief amici curiae of Professors Douglas Laycock, et al. filed.
2019-09-26
Motion to extend the time to file a response from September 30, 2019 to October 18, 2019, submitted to The Clerk.
2019-09-11
Brief amicus curiae of The National Catholic Educational Association filed.
2019-08-28
Petition for a writ of certiorari filed. (Response due September 30, 2019)
2019-07-19
Application (19A80) granted by Justice Kagan extending the time to file until August 28, 2019.
2019-07-18
Application (19A80) to extend the time to file a petition for a writ of certiorari from July 29, 2019 to August 28, 2019, submitted to Justice Kagan.
Attorneys
American Center for Law and Justice
American Civil Liberties Union, et al
American Jewish Committee and United Synagogue of Conservative Judaism
Billy Graham Evangelical Association, et al.
Center for Constitutional Jurisprudence
Christian Legal Society et al.
Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America
Clergy and Laity United for Economic Justice and Bet Tzedek
Columbia International University and Sixth Mount Zion Missionary Baptist Church
Council for Christian Colleges and Universities and Forty Individual Religious Colleges and Universities
Ethics and Public Policy Center
Franciscan University of Steubenville
General Conference of Seventh-day Adventists and Jewish Coalition for Religious Liberty
Independent Women's Law Center
InterVarsity Christian Fellowship/USA, World Vision Inc., Young Life
National Catholic Educational Association
National Employment Lawyers Association et. al.
National Legal Foundation
National Right to Work Legal Defense Foundation, Inc.
National Women's Law Center et al.
Our Lady of Guadalupe School
Professors Douglas Laycock, et al.
The Association of Classical Christian Schools, et al.,
The Christian and Missionary Alliance, et al.
The Church of Jesus Christ of Latter-day Saints, et al.
The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al.
The Freedom From Religion Foundation
The National Catholic Educational Association
United States Conference of Catholic Bishops