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 27, 2026 6:40 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
Scratching our way back from World War I
This year witnessed the memoration of the respective births of two champions of Christian thought and human liberty, Russell Kirk and Aleksandr Solzhenitsyn. Both men were born coincidentally in the same time frame – October and December 1918 respectively – in which the “war to end all wars” ceased. The ensuing years, however, gave lie to that assessment – worse, far worse, was on the horizon. But the First World War was the moment the fragile crockery of Western civilization...
Sirico on Russell Kirk and populism
On November 15, Acton President and co-founder Rev. Robert Sirico participated in a panel conversation to not only honor the centenary of Russell Kirk’s birth but as well discuss the rise of populism in the United States and abroad. The event was held at the Jack H. Miller Auditorium at Hope College, Holland, Mich. The panel also included John O’Sullivan, editor-at-large of National Review; Jeff Polet, professor of political science at Hope College; and Kathryn Jean Lopez, senior fellow at...
The way of the manger: How the incarnation transforms work into witness
“Our Lord was not predestined by his Father to birth where we might have expected him…He was born, by divine design, into a laboring man’s dwelling…Our Lord precedes understanding with doing. He sets the way before the truth.” –Lester DeKoster and Gerard Berghoef With each passing holiday season, we see the sudden manifestation of an underlying cultural dualism, with gift-givers either over-indulging in the material stuff or feverishly guarding their spirits and souls from the cold grip of consumerism. Yet...
3 reasons France’s ‘yellow vest’ protests are moral (and 2 reasons they’re not)
French highways found themselves clogged with indignation during the fifth week of the gilets jaunes (“yellow vest”) protests. How should Christians think about these demonstrations? Are their means and ends moral or immoral? Background The leaderless grassroots uprising originally targeted the massive carbon taxes levied on gasoline and diesel in order to reduce carbon emissions and “nudge” the public to purchase electric vehicles. French environmentalist policy caused gasoline costs to rise as high as $7 a gallon in Paris....
Aleksandr Solzhenitsyn: The writer who destroyed an empire
In December, the PowerBlog is marking the centenary of Aleksandr Solzhenitsyn’s birth (Dec. 11, 1918) At the NewYork Times, Solzhenitsyn biographer Michael Scammell says the Russian novelist and historian “did more than anyone else to bring the Soviet Union to its knees.” For his critical approach to Soviet life, Solzhenitsyn was evicted from the state-sponsored Writers’ Union and became a virtual outlaw in his own country. But he was far from alone. Many talented and independent writers — Varlam Shalamov...
Home to Bethlehem
Although the word nostalgia can be used to express a bittersweet longing for some pleasant remembrance of one’s past, it is safe to say that this is the time of the year when it is virtually unavoidable to drift into a sustained sense of nostalgia and where its experience is most intense. This is a time when our minds go back to a younger version of ourselves: to the sights and the sounds and the smells of our mothers’ kitchens,...
Edmund Burke and the importance of natural law
As conservatives consider how to approach issues such as free trade, populism and the role of the market, it’s helpful to look back to foundational thinkers who paved the way for conservatism. “One such ongoing discussion among conservatives concerns natural law’s place in conservative thought,” says Acton’s Director of Research, Samuel Gregg, in a new article published by Law and Liberty. Natural law was central to the ideas of the eighteenth-century political thinker Edmund Burke, driving him to stand against...
Explainer: What you should know about the latest criminal justice reform bill
What just happened? Yesterday the U.S. Senate passed an overhaul of the criminal justice system known as the FIRST STEP Act. The vote of 87 to 12 included all Senate Democrats and dozens of Republicans. The Act was approved earlier this year by the House by a vote of 360-59 vote, including 134 Democrats. President Trump has signaled that he will sign the bill into law. The legislation was also supported by a number of faith-based groups, such as Prison...
John Bolton unveils new Trump Administration Africa policy; Joel Salatin on how past practices harmed Africa
On December 13, National Security Advisor John Bolton delivered an address at the Heritage Foundation in Washington, D.C. unveiling the Trump Administration’s new approach to relations with Africa. Part of the revised approach includes re-focusing US Aid efforts away from traditional government-to-government aid, and placing an increased focus on fostering private economic growth and governmental transparency. Acton has been speaking about the problems with foreign aid programs for many years; here we feature a portion of an interview conducted in...
RFA Redux: David LaRocca on Brunello Cucinelli’s new philosophy of clothes
On thisepisode of Radio Free Acton, we revisit a previous RFAinterview with David LaRocca: a philosopher, author, and filmmaker who has released a documentary on Italian fashion designer and entrepreneur Brunello Cuccinelli. Cucinelli has built a pany by creating high-quality apparel, but more interesting than that is the philosophy that undergirds his business and all of his life. Check out these additional resources on this week’s podcast topics: Learn more about Brunello Cucinelli Learn more about David LaRocca Watch the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved