The Sixth Circuit reversed the decision, concluding that the school was a religious entity but that ministerial exception did not apply to the former employee because she spent a majority of her time performing “secular” duties.

The Supreme Court is being asked to review a decision that on whether “ministerial exception” – which allows religious entities to give preference in employment to individuals of a particular religion or require that employees confirm the organization’s religious tenants – applies not just in the employment of pastors but also to that of teachers at religious elementary schools.

Attorneys representing Hosanna-Tabor Evangelical Lutheran Church and School are arguing that the ministerial exception under the First Amendment should apply in their client’s case.

The Becket Fund is serving as co-counsel on the petition with Professor Douglas Laycock of the University of Virginia School of Law.

On Friday, they submitted a petition asking the U.S. high court to review the case which, they argue, could require a Lutheran elementary school to re-hire a teacher it dismissed for religious reasons.

In 2005, the church dismissed Cheryl Perich, one of the teachers at its K-8 elementary school, for insubordination and disruptive conduct in violation of church teaching. Perich sued the school under the Americans with Disabilities Act, asking the court to reinstate her.

A district court dismissed the suit based on the “ministerial exception,” concluding that the suit would infringe on the church’s First Amendment right to choose its religious leaders.

Read More: http://www.christianpost.com/article/20101023/high-court-asked-to-review-scope-of-ministerial-exception/