9th U.S. Circuit Court of Appeals,
Constitutional Law,
U.S. Supreme Court
Jan. 14, 2020
The 9th Circuit’s non-functional approach to the ministerial exception
The Supreme Court should reject the 9th Circuit’s approach and ensure that religious liberty is equally available to all faiths.
Josh McDaniel
Associate
Horvitz & Levy LLP
Appellate Law
3601 W Olive Ave Fl 8
Burbank , CA 91505-4681
Phone: (818) 995-0800
Fax: (818) 995-3157
Email: jmcdaniel@horvitzlevy.com
UCLA Law School
Josh is an associate in the Los Angeles office of Horvitz & Levy LLP, a firm specializing in civil appeals. He helps to supervise Harvard Law School's Religious Freedom Clinic. The views expressed here are his own.
Jacob M. McIntosh
Appellate Fellow
Horvitz & Levy LLP
Jacob is part of Horvitz & Levy LLP's Appellate Fellowship Program and participates in a variety of projects including the drafting of briefs in the 9th Circuit, performing case-related legal research, and developing articles for publication.
This term the U.S. Supreme Court will address the ministerial exception -- a lesser-known but vitally important religious liberty doctrine. Courts have long said, and the Supreme Court has unanimously confirmed, that the First Amendment protects the right of religious groups to select and control their ministerial employees without government interference. Recently, however, the 9th U.S. Circuit Court of Appeals has cut back on the ministerial exception in a way that ...
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