Religion and Race: The Ministerial Exception Reexamined
Ian C. Bartrum
University of Nevada, Las Vegas, William S. Boyd School of Law
August 18, 2011
Colloquy: Northwestern University Law Review, Vol. 106, p. 191, 2011
UNLV William S. Boyd School of Law Legal Studies Research Paper Series
This essay is a contribution to the Northwestern University Law Review's colloquy on the ministerial exception, convened following the Supreme Court's decision to hear arguments in Hosanna-Tabor v. EEOC.
I take the opportunity to consider the (sometimes) competing constitutional values of racial equality and religious freedom. I offer historical, ethical, and doctrinal arguments for the position that race must trump religion as a constitutional value when the two come into conflict. With this in mind, I suggest that the ministerial exception should not shield religious employers from anti discrimination suits brought on the basis of race.
Number of Pages in PDF File: 16
Keywords: Ministerial Exception, Racial Equality, Religious Freedom, Hosanna-Tabor, Modalities, Constitutional TheoryAccepted Paper Series
Date posted: October 1, 2011 ; Last revised: February 14, 2012
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