Employment Discrimination – Title VII – Ministerial Exception – Music Ministry

A woman’s sex discrimination suit against a Catholic Diocese properly was dismissed under the “ministerial exception” to Title VII; because the woman’s primary duties at a cathedral and its school consisted of the selection, presentation and teaching of music, which is integral to the spiritual and pastoral mission of the Catholic Church and many other religious traditions, dismissal of her suit is affirmed.

Not only is the ministerial exception the well-settled law of this circuit, but it is widely recognized by other courts of appeals. Moreover, the exception is rooted in the independence of the spiritual lives of religious bodies in accordance with the dictates of the First Amendment. Where no spiritual function is involved, the First Amendment does not stay the application of a generally applicable law such as Title VII to the religious employer unless Congress so provides.

Our inquiry focuses on the function of the position at issue and not on categorical notions of who is or is not a “minister.” The music ministry and teaching positions at issue are ministerial because the positions are important to the spiritual and pastoral mission of the church. The functions of the positions are bound up in the selection, presentation, and teaching of music, which is an integral part of Catholic worship and belief. The Free Exercise Clause therefore bars consideration of the instant employment discrimination claim. To hold otherwise would require us to say that music is substantially devoid of spiritual significance in the life of the church. Such a view cannot stand in light of the role of religious music in worship and the record in this case. Inasmuch as plaintiff’s duties involve the expression of the church’s music tradition, it is a fallacy to denominate them as merely secular.

Judgment that the First Amendment bars this suit is affirmed.

EEOC v. Roman Catholic Diocese of Raleigh, N.C. (Lawyers Weekly No. 001-094-00) (15 pages) (Wilkinson, J.) (4th Circuit) Appealed from the U.S. District Court, Raleigh, N.C. (No. 99-1860) (May 22, 2000).