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 30, 2026 12:17 PM

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
What is the Catholic Church’s teaching on the size of government?
What is the Catholic Church’s teaching on the size of government? And what is the principle of subsidiarity? Our friends atCatholicVote.orghave put together a brief video to help answer these questions. ...
Alfie Evans and the UK’s paternalistic subversion of parental rights
Alfie Evans’s father wanted his son to remain on life support and be allowed to go to the Bambino Gesù Hospital in Rome for additional treatment. Earlier today, though, the UK’s Court of Appeal—the highest court within the Senior Courts of England and Wales—denied that request and upheld a previous ruling removing life-support for the British infant. (Rev. Ben Johnson wrote about “The trial of Alfie Evans” yesterday.) In this story sounds eerily familiar, it’s because it’s similar to the...
Themelios reviews Kuyper translation series
In the latest edition of the theological journal Themelios, Logan Dagley, Dennis Greeson, and Matthew Ng review all five volumes in the English translation series of Abraham Kuyper’s works on public theology: As the North American church moves out of a place of cultural dominance and into the cultural margins, we are faced with an important question: What is the church’s public calling? This question drove Kuyper’s life and writings, and his answers provide pelling and constructive path forward for...
U.S. Commission on International Religious Freedom releases 2018 report
Yesterday, the U.S. Commission on International Religious Freedom (USCIRF) released itsInternational Religious Freedom Reportfor 2018.A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.” “Sadly, religious freedom conditions deteriorated in many countries in 2017, often due to...
Growth miracles and growth disasters
Note: This is post #76 in a weekly video series on basic economics. Because of differences in national growth rates there can be large disparities in economic wealth among different countries. A poor country can not only grow, but it can do so quickly. It can catch up with developed countries at an astonishing rate. That’s the good news, says Alex Tabarrok in this video by Marginal Revolution University. The bad news is, while growth can skyrocket in some countries,...
Emmanuel Macron and the problem with ‘European values’
Last weekFrench President Emmanuel Macron came to the United States for a two-day summit with President Trump and an address before Congress. As Acton senior editor Rev. Ben Johnson notes at The American Spectator, Macron’s speech before Congress reveals a deep fissure within the West about its most fundamental values—a fracture es as the West faces powerful challenges from outside its borders: Macron’s speech to Congress represents one set of values: the statist orientation of the bureaucratic EU elite. Leaving...
Radio Free Acton: RFA Reports on Direct Primary Care; Upstream on ‘Chappaquiddick’
On this episode of Radio Free Acton, we premier a new segment: RFA Reports. Guest Anne Marie Schieber-Dykstra, an award-winning reporter and former anchor with WOODTV Grand Rapids, discusses ways in which Christian healthcare centers are providing better care for affordable prices. Then, on the Upstream segment, Bruce Edward Walker talks about the new film “Chappaquiddick” with Henry Payne, editorial cartoonist and opinion writer atThe Detroit News. Check out these additional resources on this week’s podcast topics: Learn more about...
James Cone and the Marxist roots of black liberation theology
Rev. Dr. James Hal Cone died last week at the age of 79. Cone was a professor of systematic theology at Union Theological Seminary and the father of black liberation theology. In a 2008 Acton Commentary, Anthony Bradley provided a brief explanation of Cone’s system of black liberation theology and its roots in Marxism: Black liberation theologians James Cone and Cornel West have worked diligently to embed Marxist thought into the black church since the 1970s. For Cone, Marxism best...
Macron’s speech offers thin gruel on Western ‘values’
For one fleeting moment in Emmanuel Macron’s speech to Congress, it seemed as though he would connect the transatlantic alliance on the firm basis of mon values. “The strength of our bonds is the source of our shared ideals,” he told lawmakers. Since 1776, the United States and France “have worked together for the universal ideals of liberty, tolerance, and equal rights.” The use of the phrase “universal values,” an ersatz substitute for Western values, preceded his assessment of the...
Loving cities well: Chris Brooks on the church’s role in economic restoration
What would happen if local churches came together to love and serve our cities? Upon hearing such a question, our minds are prone to imagine an assortment of “outreach ministries,” from food pantries to homeless shelters munity events to street evangelism.But while each of these can be a powerful channel for love and service in munities, what about the basic vision that precedes them? Before and beyond our tactical solutions to immediate needs, how can the church truly work together...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved