Petruska v. Gannon University - Third Circuit - May 24, 2006
http://www.ca3.uscourts.gov/opinarch/051222p.pdf
"The ministerial exception...exempts religious organizations from employment discrimination suits brought by ministers." It "was created to protect church autonomy and avoid entangling government in religious affairs."
The court adopted "a carefully tailored version of the ministerial exception. Where otherwise illegal discrimination is based on religious belief, religious doctrine, or the internal regulations of a church, the First Amendment exempts religious institutions from Title VII....But where a church discriminates for reasons unrelated to religion, we hold that the Constitution does not foreclose Title VII suits. Employment discrimination unconnected to religious belief, religious doctrine, or the internal regulations of a church is simply the exercise of intolerance, not the free exercise of religion that the Constitution protects. Furthermore, in adjudicating suits that do not involve religious rationales for employment action, courts need not consider questions of religious belief, religious doctrine, or internal church regulations, a process that would violate the Establishment Clause by entangling courts in religious affairs."
