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First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Deputy General Counsel Jeremy Dys. In about 90-seconds, once a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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Oct 4, 2017

The ministerial exception is an important tool that protects the rights of religious employers to determine who is fit to perpetuate the mission and message of a religious organization. So when Maria Nolen claimed she had been wrongly fired, the court ruled otherwise, protecting the Catholic Diocese’s right to employ whom they saw fit. Learn More: FirstLiberty.org/Briefing


Maria Nolen and St. Ann Catholic School had a falling out.

Nolen thinks her religious employer fired her from her job as principal of the school for speaking out against what she viewed as racial discrimination. The Diocese of Birmingham, Alabama, that operates St. Ann’s, said that Nolen simply wasn’t the right person to advance their religious mission.

Nolen’s responsibilities were pretty clear. As principal, she was responsible for implementing an educational atmosphere charged with the Catholic beliefs of her employer. That included monitoring lesson plans to make sure the teaching of the church was reflected in the lessons of the classroom, leading school prayers, and organizing religious activities for the students and faculty.

The court quickly determined that there was “little doubt that Nolen’s role as principal . . . falls within the general ambit of the ministerial exception.” Although she lacked the formal title of “minister,” her role clearly conveyed the church’s message and carried out its mission. Therefore, the court could not interfere with what amounts to a decision by a religious body as to who best perpetuates its religious message and mission.

The ministerial exception is an important doctrine that protects the unique aspects of a religious employer, giving relief to religious organizations from the rigors of employment law that may hamper their unique religious mission.

To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.

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