Religious Organization Exemption

Slate reports that the creator of “a Noah’s Ark–themed creationist amusement park” in Kentucky – an “Ark park” — (the same person who created the Creation Museum) has instituted a hiring policy which requires applicants to sign three documents before being hired: a “Salvation testimony,” “Creation belief statement,” and a “Confirmation of your agreement with

We reported last week about the Burwell v. Hobby Lobby Stores, Inc. decision holding that a closely-held, non-religious corporation whose owners had religious objections to providing certain forms of birth control could be exempt from the Affordable Care Act mandate requiring coverage for birth control.  The decision, although seemingly limited by the majority, may have

“More than 100 people — activists, court enthusiasts and reporters — gathered outside the Supreme Court building early Monday, awaiting the last day of the court’s term, when the justices were expected to rule on whether President Obama’s health care law can require corporations to pay for insurance coverage for contraception.”      Thus spake the New

347125_sOn November 2, 2012, we reported that a federal court in Michigan had enjoined the application of the rule of the Patient Protection and Affordable Care Act (“ACA”) that would have required a “secular, for-profit, family owned and operated corporation” owned by a practicing Catholic to provide employee health insurance that covers contraception.


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

Just last week we reported on a new case in Massachusetts involving alleged state law sex and sexual orientation discrimination by a religious institution based upon a refusal to hire a job applicant for a food service position who listed his “husband” as his emergency contact.  We discussed the knotty problem of such a head-to-head

The Boston Globe and have reported what may be a legal first – a case just filed with the Massachusetts Commission Against Discrimination (MCAD) against a religiously affiliated college prep school by a gay man who claims that his offer of employment was withdrawn after the school discovered that he listed a “husband” as

The issue of whether a secular, for-profit corporation has religious rights under the First Amendment has come up with some frequency recently.  We wrote in July that “Since the passage of Obamacare, employers who claim that their religious beliefs prevent them from using, paying for, or supporting the use of contraception, have claimed that this

We reacted with skepticism in an earlier post about a case reported last November 2nd questioning whether an owner’s religion can be imputed to a corporation, or that the “Patient Protection and Affordable Care Act (“ACA,” or “Obamacare”) violates either the Religious Freedom Restoration Act (known as “RFRA”) or the First Amendment.

There has been

In the landmark Hosanna-Tabor case decided earlier this year, the Supreme Court held that the First Amendment bars the government from interfering with the decision of a religious group to fire one of its ministers. What this means is that such a so-called “ministerial exception” exempts an employer from the application of the anti-discrimination laws,  and an employee