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In DeWeese-Boyd v. Gordon College SJC Grapples with Whether Religious Schools can Discriminate Against their Employees

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Two weeks ago, the Massachusetts Supreme Judicial Court (SJC) heard oral argument in Deweese-Boyd v. Gordon College, a case which tests the limits of the “ministerial exception” and the legal protection it provides for religious employers. The “ministerial exception” is a religious protection based in the First Amendment to the United States Constitution. In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171 (2012), the United States Supreme Court held that the First Amendment’s protection of religious freedom “bar[s] the government from interfering with the decision of a religious group to fire one of its ministers.” Thus, the Supreme Court held, state and federal statutes which protect employees from discrimination in traditional employment contexts do not govern “the employment relationship between a religious institution and its ministers.” Application of such statutes to religious employers would violate both the First Amendme...

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