With our post yesterday on what we feel will be the growth of cases involving religion and the “ministerial exception,” we received an insightful question from Joanne Albertsen, a NYC attorney:
“Really interesting series of cases. I wonder if we’ll see more of these cases arise for employees of religious orgs as the status of same sex couples in particular becomes more solidified with certain states and the federal government (at least to some extent) recognizing same sex unions. I could also imagine this area of law intersecting with the Affordable Care Act if certain religious organizations are required to provide insurance for procedures or medications they find objectionable (this is still undecided, I believe). Thanks for posting!”
Joanne, I think you are right. With the conflict over the Affordable Care Act, and gender orientation and same sex couple issues before so many courts, it is inevitable given the stew that is American politics and culture that religion and the religious exemption will come into play, and the “ministerial exception” will be front and center. Look forward to it.