Home
/
RELIGION & LIBERTY ONLINE
/
Federal Court Rules Religious Organizations Can Hire (and Fire) for Religious Reasons
Federal Court Rules Religious Organizations Can Hire (and Fire) for Religious Reasons
Jan 28, 2026 1:09 AM

Earlier today a federal appeals court handed down an important ruling that protects the liberties of religious organizations.

In the case of Alyce Conlon v. InterVarsity Christian Fellowship/USA, the United States Court of Appeals for the Sixth Circuit rejected a plaintiff’s attempt to enforce state and federal gender discrimination laws on one of the nation’s largest Christian campus ministries.

According to the court opinion, Alyce Conlon worked at InterVarsity Christian Fellowship/USA (IVCF) in Michigan as a spiritual director, involved in providing religious counsel and prayer. She informed IVCF that she was contemplating divorce, at which point IVCF put her on paid—and later unpaid—leave. Part of IVCF’s employment policy is that “[w]here there are significant marital issues, [IVCF] encourages employees to seek appropriate help to move towards reconciliation” and IVCF reserves the right “to consider the impact of any separation/divorce on colleagues, students, faculty, and donors.”

When Conlon’s marital situation continued to worsen despite counseling efforts, IVCF terminated her employment. Conlon sued IVCF and her supervisors in federal district court under Title VII and Michigan law. IVCF claimed the First Amendment’s ministerial exception to employment laws.

The Sixth Circuit rejected Conlon’s claims based on conclusions in the Supreme Courts’ ruling in Hosanna-Tabor Evangelical Lutheran Church and School (2012).

In Hosanna-Tabor, the Supreme Court explicitly agreed with the many courts of appeals that had long recognized “the existence of a ‘ministerial exception,’ grounded in the First Amendment, that precludes application of [Title VII and other employment discrimination laws] to claims concerning the employment relationship between a religious institution and its ministers.”

The Supreme Court in Hosanna-Tabor framed the issue of ministerial exception in a religious-employment lawsuit as “whether the Establishment and Free Exercise Clauses of the First Amendment bar such an action when the employer is a religious group and the employee is one of the group’s ministers.” The Supreme Court found that “Both Religion Clauses bar the government from interfering with the decision of a religious group to fire one of its ministers.”

Although IVCF is not a church, the court recognized that as a Christian organization, whose purpose is to advance the understanding and practice of Christianity in colleges and universities, it was a “religious group” under Hosanna-Tabor.

Though the Supreme Court did not, in Hosanna-Tabor, “adopt a rigid formula for deciding when an employee qualifies as a minister,” the Court identified four factors whether a minister was covered by the exception: [1] the formal title given by the church, [2] the substance reflected in that title, [3] the person’s use of that title, and [4] the important religious functions they performed for the church.

In this case, the court found “spiritual director” conveys a religious—as opposed to secular—meaning and thus was a type of minister. Additionally, her role was to cultivate “intimacy with God and growth in Christ-like character through personal and corporate spiritual disciplines,” which is ministerial function.

The court also determined that, “The ministerial exception is a structural limitationimposed on the government by the Religion Clauses, a limitation that can never be waived. . . . This constitutional protection is not only a personal one; it is a structural one that categorically prohibits federal and state governments from ing involved in religious leadership disputes.”

Based on these facts, the court ruled that IVCF’s decision to terminate her employment cannot be challenged under federal or state employment discrimination laws.

As David French says, “The plaintiff has a right to appeal this ruling — either to seek an en banc review from the entire Sixth Circuit or to seek review from the Supreme Court, so the case may not be over.”

But, French adds, “for now this case stands as a clear and important precedent, protecting religious institutions of all faiths from government entanglement and intrusion.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Can prices predict the future?
Note: This is post #20 in a weekly video series on basic microeconomics. Prices can convey information about events. But can they even predict the future? Can we predict Middle East politics based on the price of oil futures? Or use a price-based system to predict the e of presidential elections? In this video by Marginal Revolution University, economist Tyler Cowen discusses prices and prediction markets and how they are used to make prediction about real-world events. (If you find...
6 Quotes: Ronald Reagan on freedom
Today is the 106th birthday of Ronald Reagan, the fortieth president of the United States. Reagan wasa great lover of America and one of the most eloquent advocates of liberty in modern history In honor of his birthday, here are six quotes on freedom by President Reagan: “Freedom is the right to question and change the established way of doing things. It is the continuing revolution of the marketplace. It is the understanding that allows us to recognize ings and...
Video Roundup: Acton speakers on the Constitution, the Supreme Court and religious liberty
With the nomination of Neil Gorsuch to fill the seat vacated by the passing of Justice Antonin Scalia, the United States Supreme Court and the federal judiciary have once again taken center stage in the national political discussion. That makes this a fine time to share three Acton Lecture Series eventsfrom the past year that provide insight into the role of the courts in American society throughoutthe history of the country. First of all, we’re pleased to share for the...
Unemployment as economic-spiritual indicator — January 2017 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight the latest numbers we need...
Vocation vs. occupation: 4 callings in the Christian life
Is there a difference between “vocation” and “occupation”? The term es from the Latin, “vocare” – to call or receive a call. For almost two millennia in munities and cultures, vocation referred to a religious calling: a monastic order, missionary work or parish labor. During the medieval era, vocation expanded beyond the clerical and embraced medicine (the doctor), the law (the attorney) and teaching (the professor/teacher). Other occupations were respected, but not given the same status. The Reformation rekindled the...
How to destroy freedom – and how to recreate it
Action Institute – THE CRISIS OF LIBERTY IN THE WEST THE BLOOMSBURY HOTEL * LONDON, UK In the West, we have no trouble conceiving of freedom as a means. Freedom, in this context,is defined as increased liberty to order my life with the maximum level of autonomy consistent with a well-ordered society. But classical man would have understood freedom as anend, according to Ryan T. Anderson, the William E. Simon Senior Research Fellow in American Principles and Public Policy at...
Zacchaeus, mob mentality, and the entrepreneur
Watching the unfolding violence and chaos at UC-Berkeley last night, I could not help but think of two people: August Landmesser and Zacchaeus, the reformed tax collector from the Gospel of St. Luke. In my branch of the Orthodox Christian Church, the story of Zaccheus (St. Luke 19:1-10) was read on Sunday as the first of several weeks in preparation for Lent. The tax collector, too short to see over the crowd, climbed up a ore [sic] tree in order...
To whom is given: A new documentary on the Christian call to business
There is often a temptation among Christians to segment and categorize “Christian calling” into our own preferred buckets, deeming certain jobs, careers, or vocations as more worthwhile or “sacred” than others. Yet our public ministry doesn’t begin or endwithin the walls of a church building or the confines of a conversation about conversion. Ourpublic worship and witness is not limited to work and service within a specific subset of “Christian-oriented” businesses or institutions. In a new documentary from Values &...
Samuel Gregg on secularism in France
“François Fillon” by Thomas Bresson (CC BY 4.0) The influence of Christianity in the French political sphere has been gaining ground in recent months and may be of benefit to believers and non-believers alike according to Acton’s Samuel Gregg. The heavy-handed secular arm is losing favor with the general public and its antagonistic stance towards Christianity is weakening. In a recent article, Gregg explains: Given French politics’ hitherto decidedly secular character, there was always going to be a backlash from...
Trade as a path to social harmony and peace
In 1980, PBS first aired Milton Friedman’s series, “Free to Choose,” which chronicledthe glories of liberty across a range of areas, from welfare policy and education to healthcare, monetary policy, and beyond. In a new 19-minute documentary, Johan Norberg revisits Friedman’s famous episode on trade, applying its core arguments to our modern economic context and debate, summarizing the key arguments with refreshing concision. Friedman’s episode rested heavily on the story of Hong Kong, which he visited in the original series....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved