No. 23-703

Liberty University, Inc. v. Laura Barbour Bowes, as Executor of the Estate of Eva Palmer

Lower Court: Fourth Circuit
Docketed: 2023-12-29
Status: Denied
Type: Paid
Experienced Counsel
Tags: constitutional-law defense-to-liability employment-discrimination first-amendment immunity ministerial-exception religious-autonomy religious-institutions religious-organizations
Key Terms:
FirstAmendment EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2024-03-01
Related Cases: 23-550 (Vide)
Question Presented (AI Summary)

Whether the First Amendment ministerial exception provides religious organizations with immunity from employment discrimination suits, or merely a defense to liability

Question Presented (OCR Extract)

QUESTIONS PRESENTED “(T]he Religion Clauses protect the right of churches and other religious institutions to decide matters of faith and doctrine without government intrusion [and] protects their autonomy with respect to internal management decisions that are essential to the institution’s central mission.” Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 8S. Ct. 2049, 2060 (2020) (cleaned up) (emphasis added). When it comes to employment discrimination claims against religious organizations, “the First Amendment has struck the balance for us,” and “the ministerial exception bars such a_ suit.” Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 196 (2012) (emphasis added). “Simply put, the ministerial exception was recognized to preserve a church’s independent authority in such matters. Hosanna-Tabor first endorsed the ministerial exception, and Our Lady of Guadalupe confirmed its strength.” Demkovich v. St. Andrew the Apostle Parish, Calumet City, 3 F.4th 968, 876 (7th Cir. 2021). The Court’s review is necessary yet again to resolve the vitally important First Amendment question surrounding the ministerial exceptions’ scope and nature. The questions presented are: (1) Whether the First Amendment ministerial exception provides religious organizations with immunity from employment discrimination suits, or merely a defense to liability after being subjected to ii the burdens and expense of litigation and judicial entanglement into purely religious matters. (2) Does the ministerial exception, if not a complete bar to suit for alleged employment discrimination, nevertheless prohibit an employment discrimination suit from a professor who did not primarily teach religious texts but was required to integrate the Christian faith into her teaching and employment duties as a professor at a Christian institution. iii PARTIES Conditional Cross-Petitioner is Liberty University, Inc. is Laura Barbour Bowes, Executor for the Estate of Eva Palmer.

Docket Entries

2024-03-04
Petition DENIED.
2024-02-14
DISTRIBUTED for Conference of 3/1/2024.
2024-02-09
2024-01-29
Brief of respondent Laura Barbour Bowes, as Executor of the Estate of Eva Palmer in opposition filed.
2023-12-21

Attorneys

Laura Barbour Bowes, as Executor of the Estate of Eva Palmer
Richard Franklin Hawkins IIIThe Hawkins Law Firm, PC, Respondent
Richard Franklin Hawkins IIIThe Hawkins Law Firm, PC, Respondent
Liberty University, Inc.
Mathew D. Staver — Petitioner
Mathew D. Staver — Petitioner