Whether religious institutions can invoke the Ministerial Exception to breach contracts and avoid liability for employment claims

The Ministerial Exception arises out of the Religion Clauses of the First Amendment. It plays a legitimate and important function in preventing governmental intrusion into a religious institution’s hiring, firing, training, disciplining and retention of its ministers. But the Ninth Circuit has now expanded the exception such that it conflicts with this Court’s holdings interpreting both the Ministerial Exception and other generally applicable regulations so as to call into question whether religious institutions may be regulated at all. The Questions presented are: 1. Whether Religious institutions are bound by the contracts they voluntarily enter into, or are entitled, after performance by their minister, to breach those contracts and invoke the Ministerial Exception as a complete defense? 2. Whether the Ministerial Exception is so broad as to bar all suits by a minister against a religious institution, even when those claims arise out of contract or fraud? 3. Whether the Ninth Circuit was correct in exempting religious institutions from all Federal and State regulations governing employee compensation, when this Court has already held that religious institutions are bound by the minimum wage and overtime laws? 4. Whether the Ministerial Exception exempts a religious institution from paying a Minister ii for overtime hours worked by the Minister when the Religious institution agreed to pay for those overtime hours in writing and when the Religious institution agrees those overtime hours are compensable? 5. Whether the Ministerial Exception is to be expanded to exempt a religious institution from all Federal and State minimum wage and overtime laws even when the religious institution does not even claim a religious belief or issue exists to exempt it from such regulations? 6. Whether the Ministerial Exception acts as a complete defense when a religious institution breaches a contract with its minister? 7. Whether the Ministerial Exception exempts a religious institution from a claim of fraud brought by a Minister based upon a religious institution’s refusal to honor its written agreement when such a refusal is not based on any claimed connection to religion? 8. What is the outer limit of the Ministerial Exception as it relates to suits brought against religious institutions by ministers? 9. Does the Ninth Circuit’ s new definition of “tangible employment action” contradict this Court’s long established definition, and if so, which definition controls?