Supreme Court of the United States

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission et — Thomas, J…

January 11, 2012132 S. Ct. 694

Summary

Justice Thomas concurs, emphasizing that the Religion Clauses require deference to religious organizations' good-faith understanding of who qualifies as a minister. He argues secular courts should not second-guess theological determinations to avoid burdening religious autonomy. He agrees the facts bar Perich's suit under the ministerial exception. Justice Alito, concurring, emphasizes a functional approach over formal titles.