Religion and Race: The Ministerial Exception Reexamined

Colloquy: Northwestern University Law Review, Vol. 106, p. 191, 2011

UNLV William S. Boyd School of Law Legal Studies Research Paper Series

16 Pages Posted: 1 Oct 2011 Last revised: 14 Feb 2012

See all articles by Ian C. Bartrum

Ian C. Bartrum

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: August 18, 2011

Abstract

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.

Keywords: Ministerial Exception, Racial Equality, Religious Freedom, Hosanna-Tabor, Modalities, Constitutional Theory

Suggested Citation

Bartrum, Ian C., Religion and Race: The Ministerial Exception Reexamined (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, Available at SSRN: https://ssrn.com/abstract=1935621

Ian C. Bartrum (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

HOME PAGE: http://https://law.unlv.edu/faculty/ian-bartrum

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