JURISDICTIONAL STATEMENT
This court has jurisdiction under 28 U.S. Code § 1331 – Federal question: “The district courts shall have original jurisdiction of all civil action arising under the Constitution, laws, or treaties of the United States.”
STATEMENT OF THE ISSUES I. Whether the “ministerial exception”, which is compelled by the First Amendment, precludes application of the Americans with Disabilities Act of 1990 (ADA) to the employment claims of employees of church-operated private schools.
II. Whether Appellee Rail, a “called” teacher, qualifies as a ministerial employee for purposes of the ministerial exception.
STATEMENT OF THE CASE
St. Mary’s Catholic Church and School (“St. Mary’s”) is an ecclesiastical corporation affiliated with the Roman Catholic Church (the “RC Church”). As part of their ministry, St. Mary’s operates the St. Mary’s Catholic School in Wren, South Carolina (the “School”), and offers kindergarten through eighth grades. Bill Ivory is the School’s principal. The School is governed by the voting members of the Church congregation, together with two board members composed of volunteers. Students need not be Catholic to attend the School, and they pay tuition that is in proportion with that charged by other private schools in the area.
The School’s faculty …show more content…
Mary’s website indicates that the School provides a “Christ-centered education” that helps parents by “reinforcing bible principles and standards.” St. Mary’s describes their staff member as “fine Christian role models who integrate faith into all subjects,” and that they expect their teachers to do just that—“bring God into every subject taught in the classroom.” St. Mary’s School Policy Manual at 32. Each lay and called teacher is contractually obligated “to set a Christian example”, “to maintain Christian discipline in love,” and to teach “according to the Word of God and the confessional standards of the Roman Catholic Church.” St. Mary’s School Policy Manual at
This court has jurisdiction under 28 U.S. Code § 1331 – Federal question: “The district courts shall have original jurisdiction of all civil action arising under the Constitution, laws, or treaties of the United States.”
STATEMENT OF THE ISSUES I. Whether the “ministerial exception”, which is compelled by the First Amendment, precludes application of the Americans with Disabilities Act of 1990 (ADA) to the employment claims of employees of church-operated private schools.
II. Whether Appellee Rail, a “called” teacher, qualifies as a ministerial employee for purposes of the ministerial exception.
STATEMENT OF THE CASE
St. Mary’s Catholic Church and School (“St. Mary’s”) is an ecclesiastical corporation affiliated with the Roman Catholic Church (the “RC Church”). As part of their ministry, St. Mary’s operates the St. Mary’s Catholic School in Wren, South Carolina (the “School”), and offers kindergarten through eighth grades. Bill Ivory is the School’s principal. The School is governed by the voting members of the Church congregation, together with two board members composed of volunteers. Students need not be Catholic to attend the School, and they pay tuition that is in proportion with that charged by other private schools in the area.
The School’s faculty …show more content…
Mary’s website indicates that the School provides a “Christ-centered education” that helps parents by “reinforcing bible principles and standards.” St. Mary’s describes their staff member as “fine Christian role models who integrate faith into all subjects,” and that they expect their teachers to do just that—“bring God into every subject taught in the classroom.” St. Mary’s School Policy Manual at 32. Each lay and called teacher is contractually obligated “to set a Christian example”, “to maintain Christian discipline in love,” and to teach “according to the Word of God and the confessional standards of the Roman Catholic Church.” St. Mary’s School Policy Manual at