Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 (11th Cir. 2000). · Go Syfert
Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 (11th Cir. 2000). Cases Citing This Book View Copy Cite
“investigation . . . into a church's employment of its clergy would almost always entail excessive government entangle-ment into the internal management of the church.”
139 citation events (131 in the last 25 years) across 35 distinct courts.
Strongest positive: Rweyemamu v. Cote (ca2, 2008-03-21)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Rweyemamu v. Cote (3×) also: Cited as authority (rule), Cited "see, e.g."
2d Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
he free exercise and 10 establishment clauses of the first amendment prohibit a church 11 from being sued under title vii by its clergy.
discussed Cited as authority (verbatim quote) John Bollard v. The California Province Of The Society Of Jesus
9th Cir. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
investigation . . . into a church's employment of its clergy would almost always entail excessive government entangle-ment into the internal management of the church.
discussed Cited as authority (rule) Brandenburg v. Greek Orthodox Archdiocese of North America
S.D.N.Y. · 2021 · confidence medium
Cf. Petruska v. Gannon Univ., 462 F.3d 294 (3d Cir. 2006) (holding that a constructive discharge claim based on a demotion was barred by the ministerial exception); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1300-01 (11th Cir. 2000) (holding that a constructive discharge claim based on a reassignment was barred by the ministerial exception).
discussed Cited as authority (rule) Rehfield v. Diocese of Joliet
Ill. · 2021 · confidence medium
Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir. 2000); Elvig v. Calvin Presbyterian Church, 375 F.3d 951, 961-62 (9th Cir. 2004); Petruska v. Gannon University, 462 F.3d 294, 307-08 (3d Cir. 2006).
discussed Cited as authority (rule) Sandor Demkovich v. St. Andrew the Apostle Parish
7th Cir. · 2020 · confidence medium
The exception “continues a long- standing tradition that churches are to be free from 42 No. 19-2142 government interference in matters of church governance and administration.” Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir. 2000).
discussed Cited as authority (rule) Sandor Demkovich v. St. Andrew the Apostle Parish
7th Cir. · 2020 · confidence medium
The exception “continues a long- standing tradition that churches are to be free from 42 No. 19-2142 government interference in matters of church governance and administration.” Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir. 2000).
discussed Cited as authority (rule) Fratello v. Archdiocese of New York
2d Cir. · 2017 · confidence medium
Annual Conference, 377 F.3d 1099 , 1100-04 (9th Cir. 2004) (per curiam); Bryce v. Episcopal Church, 289 F.3d 648, 655-57 (10th Cir. 2002); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1301-04 (11th Cir. 2000); EEOC v. Catholic Univ., 83 F.3d 455, 460-63 (D.C.
cited Cited as authority (rule) Altman v. Sterling Caterers, Inc.
S.D. Fla. · 2012 · confidence medium
Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1303-04 (11th Cir. 2000).
discussed Cited as authority (rule) Dayner v. Archdiocese of Hartford (2×) also: Cited "see, e.g."
Conn. · 2011 · confidence medium
See Skrzypczak v. Roman Catholic Diocese of Tulsa, 611 F.3d 1238, 1245-46 (10th Cir. 2010); Equal Employment Opportunity Commission v. Hosanna-Tabor Evangelical Lutheran Church & School, supra, 597 F.3d 777 ; Rweyemamu v. Cote, supra, 520 F.3d 208 ; Petruska v. Gannon University, supra, 462 F.3d 306 -307; Elvig v. Calvin Presbyterian Church, 375 F.3d 951, 956 (9th Cir. 2004);Alicea-Hernandez v. Catholic Bishop of Chicago, supra, 320 F.3d 703 ; Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1303-1304 (11th Cir. 2000); Equal Employment Opportunity Commission v. Catholic…
discussed Cited as authority (rule) Georgiacarry.org, Inc. v. Georgia
M.D. Ga. · 2011 · confidence medium
The Eleventh Circuit has observed that government action can burden the free exercise of religion “ ‘by encroaching on the ability of a church to manage its internal affairs.’ ” Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1303 (11th Cir.2000) (quoting EEOC v. Catholic University of America, 83 F.3d 455, 460 (D.C.Cir.1996)).
discussed Cited as authority (rule) GeorgiaCarry. Org, Inc. v. State
M.D. Ga. · 2011 · confidence medium
The Eleventh Circuit has observed that government action can burden the free exercise of religion "`by encroaching on the ability of a church to manage its internal affairs.'" Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1303 (11th Cir.2000) (quoting EEOC v. Catholic University of America, 83 F.3d 455, 460 (D.C.Cir.1996)).
discussed Cited as authority (rule) EEOC v. Hosanna-Taylor Evangelical Lut
6th Cir. · 2010 · confidence medium
Corp., 78 F.3d 1125, 1135 (6th Cir. 1996). 2 See, e.g., Petruska v. Gannon Univ., 462 F.3d 294 , 302 (3d Cir. 2006); Bryce v. Episcopal Church in the Diocese, 289 F.3d 648, 654 (10th Cir. 2002); Bollard v. Cal. Province of the Soc’y of Jesus, 196 F.3d 940 , 951 (9th Cir. 1999); Natal v. Christian & Missionary Alliance, 878 F.2d 1575, 1578 (1st Cir. 1989). 3 See. e.g., Hollins, 474 F.3d at 225 ; Tomic v. Catholic Diocese of Peoria, 442 F.3d 1036, 1039 (7th Cir. 2006). 4 See, e.g., Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1302-04 (11th Cir. 2000); McClure v. Sal…
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Hosanna-Tabor Evangelical Lutheran Church & School (2×) also: Cited "see, e.g."
6th Cir. · 2010 · confidence medium
Hoeft notified Perich of the Board's decision on January 10, 2005. [2] See, e.g., Petruska v. Gannon Univ., 462 F.3d 294 , 302 (3d Cir.2006); Bryce v. Episcopal Church in the Diocese, 289 F.3d 648 , 654 (10th Cir.2002); Bollard v. Cal. Province of the Soc'y of Jesus, 196 F.3d 940 , 951 (9th Cir.1999); Natal v. Christian & Missionary Alliance, 878 F.2d 1575, 1578 (1st Cir.1989). [3] See. e.g., Hollins, 474 F.3d at 225 ; Tomic v. Catholic Diocese of Peoria, 442 F.3d 1036, 1039 (7th Cir.2006). [4] See, e.g., Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1302-04 (11th Ci…
discussed Cited as authority (rule) Weishuhn v. LANSING CATHOLIC DIOCESE
Mich. Ct. App. · 2010 · confidence medium
The court noted that “applying Title VII to the employment relationship between a church and its clergy would involve ‘excessive government entanglement with religion’ as prohibited by the Establishment Clause of the First Amendment” because “[a] church’s view on whether an individual is suited for a particular clergy position cannot be replaced by the courts’ without entangling the government in questions of religious doctrine, polity, and practice.” Id. at 1304 (quotation marks and citation omitted). *223 In Elvig v Calvin Presbyterian Church, 375 F3d 951, 965 (CA 9, 2004), t…
discussed Cited as authority (rule) Weishuhn v. Catholic Diocese of Lansing
Mich. Ct. App. · 2008 · confidence medium
See also Advisory Opinion re Constitutionality of PA 1970, No 100, 384 Mich 82, 105 ; 180 NW2d 265 (1970). 11 Scalise, supra at 14-15 , citing Good News Club v Milford Central School, 533 US 98, 106 ; 121 S Ct 2093 ; 150 L Ed 2d 151 (2001). 12 Lemon v Kurtzman, 403 US 602, 612-613 ; 91 S Ct 2105 ; 29 L Ed 2d 745 (1971). 13 Wisconsin v Yoder, 406 US 205, 220 ; 92 S Ct 1526 ; 32 L Ed 2d 15 (1972); Sherbert v Verner, 374 US 398, 402 ; 83 S Ct 1790 ; 10 L Ed 2d 965 (1963); Assemany, supra at 759 . 14 Hollins v Methodist Healthcare, Inc, 474 F3d 223, 225 (CA 6, 2007). 15 Petruska v Gannon Univ, 462…
examined Cited as authority (rule) Rweyemamu v. Cote (3×) also: Cited "see, e.g."
2d Cir. · 2008 · confidence medium
See, e.g., Tomic, 442 F.3d at 1038 (“A suit to remove a priest on the ground that he is a heretic, or to reinstate a parishioner who has been excommunicated, ... has never been justiciable in the federal courts.”); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000); Scharon v. St.
discussed Cited as authority (rule) Hankins v. New York Annual Conference of the United Methodist Church
E.D.N.Y · 2007 · confidence medium
See, e.g., Hollins v. Methodist Healthcare, Inc., 474 F.3d 223, 226 (6th Cir.2007); Petruska v. Gannon Univ., 462 F.3d 294 , 305 (3d Cir.2006), cert. denied, - U.S. -, 127 S.Ct. 2098 , 167 L.Ed.2d 813 (2007); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1303 (11th Cir.2000); Young v. N. Ill.
examined Cited as authority (rule) Archdiocese of Washington v. Moersen (4×) also: Cited "see, e.g."
Md. · 2007 · confidence medium
Fear of potential liability might affect the way an organization carried out what it understood to be its religious mission.” See also Gellington, 203 F.3d at 1303-1304 (holding that government interference with clergy employment matters violates the Free Exercise Clause); Combs, 173 F.3d at 350 (holding that the judiciary could not rule on an employment decision concerning a minister without violating the Free Exercise Clause).
discussed Cited as authority (rule) Rweyemamu v. Commission on Human Rights
Conn. App. Ct. · 2006 · confidence medium
Also, because the ministerial exception is based on this tradition and not on strict scrutiny, the Court’s rejection in Smith of the compelling interest test does not affect the continuing vitality of the ministerial exception.” (Citations omitted; emphasis added; internal quotation marks omitted.) Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1303-1304 (11th Cir. 2000).
discussed Cited as authority (rule) Petruska v. Gannon University
3rd Cir. · 2006 · confidence medium
See 772 F.2d at 1168 ("Any attempt by government to restrict a church's free choice of its leaders ... constitutes a burden on the church's free exercise rights.") (emphasis added); id. at 1171 ("Bureaucratic suggestion in employment decisions of a pastoral character, in contravention of a church's own perception of its needs and purposes, would constitute unprecedented entanglement with religious authority ...") (emphasis added). 14 See also Combs, 173 F.3d at 350 ("[S]ecular authorities would be involved in evaluating or interpreting religious doctrine."); Simpson, 494 F.2d at 493 ("[C]ivil …
discussed Cited as authority (rule) Petruska v. Gannon Univ
3rd Cir. · 2006 · confidence medium
We concluded that §§ 702 and 703(e)(1) of Title VII, 42 U.S.C. §§ 15 See Scharon, 929 F.2d at 363 (stating that to decide questions of religious doctrine and law would violate the Free Exercise Clause); Gellington, 203 F.3d at 1304 (stating that an employment suit would involve the government “in questions of religious doctrine, polity, and practice” in violation of the Establishment Clause (quoting Jones v. Wolf, 443 U.S. 595, 603 (1979)). 21 2000e-1 and 2000e-2(e)(1), exempt “conduct [that] does not conform to [religious] mores.” Id. at 945.
examined Cited as authority (rule) Hankins v. Lyght - dissent (4×) also: Cited "see, e.g."
2d Cir. · 2006 · confidence medium
See Roman Catholic Diocese of Raleigh, N.C., 213 F.3d at 800, 805 ; Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir. 2000); Bollard, 196 F.3d at 949 ; Combs v. Central Tex. Annual Conf. of the United Methodist Church, 173 F.3d 343, 351 (5th Cir. 1999); EEOC v. Catholic Univ. of Am., 83 F.3d 455, 463 (D.C.
discussed Cited as authority (rule) Hankins v. Lyght (2×) also: Cited "see, e.g."
2d Cir. · 2006 · confidence medium
See 4 F.3d at 172 . 13 This conclusion is consistent with the holdings of at least seven of our sister Circuits, which have adopted a limited "ministerial exception" that exempts religious institutions on First Amendment grounds from employment discrimination suits brought by clergy members or other employees serving primarily religious roles See Roman Catholic Diocese of Raleigh, N.C., 213 F.3d at 800, 805 ; Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir. 2000); Bollard, 196 F.3d at 949 ; Combs v. Central Tex. Annual Conf of the United Methodist Church…
cited Cited as authority (rule) Lown v. Salvation Army, Inc.
S.D.N.Y. · 2005 · confidence medium
Mar.17, 2004); Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1301-04 (11th Cir.2000); Combs v. Central Tex. Ann.
examined Cited as authority (rule) Monica L. McDowell Elvig v. Calvin Presbyterian Church Will Ackles (3×) also: Cited "see"
9th Cir. · 2005 · confidence medium
See Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7th Cir.2003); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000); Combs v. Cen.
discussed Cited as authority (rule) Elvig v. Calvin Presbyterian
9th Cir. · 2005 · confidence medium
Dist. v. Newdow, 124 S. Ct. 2301 (2004). 6 See Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7th Cir. 2003); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir. 2000); Combs v. Cen.
discussed Cited as authority (rule) Andrew E. Werft v. Desert Southwest Annual Conference Of The United Methodist Church
9th Cir. · 2004 · confidence medium
Werft is a minister within contemplation of the ministerial exception and neither party argues to the contrary See Rayburn v. General Conference of Seventh-Day Adventists, 772 F.2d 1164, 1169 (4th Cir.1985) (a "minister" is one who holds a position important to the spiritual and pastoral mission of the church). 5 See, e.g., Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698, 703 (7th Cir.2003) (once the exception is found to apply to the position in question, the nature of the claims is not relevant); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th…
discussed Cited as authority (rule) Werft v. Desert Southwest Annual Conference of the United Methodist Church
9th Cir. · 2004 · confidence medium
See, e.g., Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698, 703 (7th Cir.2003) (once the exception is found to apply to the position in question, the nature of the claims is not relevant); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000) ("Investigation ... into a church's employment of its clergy would almost always entail excessive government entanglement into the internal management of the church.”); Combs v. Cent.
discussed Cited as authority (rule) Monica L. McDowell Elvig v. Calvin Presbyterian Church Will Ackles (2×)
9th Cir. · 2004 · confidence medium
It is unavoidably true that these include the determination of a minister's salary, his place of assignment, and the duty he is to perform in the furtherance of the religious mission of the church." (quoting McClure v. Salvation Army, 460 F.2d 553, 559 (5th Cir.1972))); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000) ("A church's view on whether an individual is suited for a particular clergy position cannot be replaced by the courts' [view] without entangling the government `in questions of religious doctrine, polity, and practice.'" (quoting Jone…
discussed Cited as authority (rule) Rosati v. Toledo, Ohio Catholic Diocese
N.D. Ohio · 2002 · confidence medium
This doctrine has been commonly referred to as the “ministerial exception.” See EEOC v. Roman Catholic Diocese, 213 F.3d 795, 800 (4th Cir.2000) (recognizing that the ministerial exception is the “well-settled law of [the Fourth] circuit, [and] is widely recognized by other courts of appeals,” and affirming the lower court’s dismissal of a music minister’s Title VII sex discrimination claim); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000) (affirming dismissal of a minister’s Title VII claims based on ministerial exception); Bollard v…
discussed Cited as authority (rule) McKelvey v. Pierce (2×)
N.J. · 2002 · confidence medium
Id. at 946 (“A church’s selection of its own clergy is one such core matter of ecclesiastical self-governance with which the state may not constitutionally interfere.”) (citing Milivojevich, supra, 426 U.S. at 717 , 96 S.Ct. at 2384 , 49 L.Ed.2d at 167 ; Kedroff, supra, 344 U.S. at 116 , 73 S.Ct at 154-55 , 97 L.Ed. at 136 ; Gonzalez v. Roman Catholic Archbishop of Manila, 280 U.S. 1, 6 , 50 S.Ct 5, 7-8 , 74 L.Ed. 131 (1929)); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000) (“A church’s view on whether an individual is suited for a partic…
discussed Cited as authority (rule) Bryce v. Episcopal Church in the Diocese of Colorado
10th Cir. · 2002 · confidence medium
EEOC v. Roman Catholic Diocese, 213 F.3d 795 , 800 n. * (4th Cir.2000); Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1302-04 (11th Cir.2000); Combs v. Central Tex. Annual Conference of the United Methodist Church, 173 F.3d 343, 348-50 (5th Cir.1999); Catholic Univ., 83 F.3d at 461-63 .
discussed Cited as authority (rule) Bryce v. Episcopal Church In The Diocese Of Colorado
1st Cir. · 2002 · confidence medium
EEOC v. Roman Catholic Diocese, 213 F.3d 795 , 800 n. * (4th Cir.2000); Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1302-04 (11th Cir.2000); Combs v. Central Tex. Annual Conference of the United Methodist Church, 173 F.3d 343, 348-50 (5th Cir.1999); Catholic Univ., 83 F.3d at 461-63 .
discussed Cited as authority (rule) Montrose Christian School Corp. v. Walsh (2×)
Md. · 2001 · confidence medium
We see no escape from conflicts flowing from the Board’s exercise of jurisdiction over teachers in church-operated schools and the consequent serious First Amendment questions that would follow.” See, e.g., Downs v. Roman Catholic Archbishop of Baltimore, 111 Md.App. 616, 622 , 683 A.2d 808, 811 (1996) (“matters of church ... governance” may be beyond the authority of a court to adjudicate); Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1304 (11th Cir.2000) (“Churches are to be free from government interference in matters of church governance and administration�…
discussed Cited as authority (rule) Bryce v. Episcopal Church in Diocese of Colorado
D. Colo. · 2000 · confidence medium
See EEOC v. Roman Catholic Diocese, 213 F.3d 795, 800 (4th Cir.2000) (recognizing that the Ministerial Exception is the “well-settled law of [the Fourth] circuit, [and] is widely recognized by other courts of appeals” and affirming the district courts dismissal of a music minister’s Title VII gender discrimination claims); Young v. Northern Illinois Conference of United Methodist Church, 21 F.3d 184 (7th Cir.1994) (affirming the dismissal of a probationary minister’s Title VII claims of race discrimination, sex discrimination, and retaliation); Bollard v. California Province of the Soc…
cited Cited "see" Sandor Demkovich v. St. Andrew the Apostle Parish
7th Cir. · 2021 · signal: see · confidence high
See Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299 , 1300–01 (11th Cir. 2000); Combs v. Cent.
cited Cited "see" Hopkins v. Deveaux
N.D. Ga. · 2011 · signal: see · confidence high
See Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000).
discussed Cited "see" Ross v. Metropolitan Church of God
N.D. Ga. · 2007 · signal: see · confidence high
See Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000) (affirming summary judgment in favor of church in Title VII suit brought by an ordained minister on the basis of the First Amendment’s ministerial exception).
discussed Cited "see" Bourne v. Center on Children, Inc.
Md. Ct. Spec. App. · 2003 · signal: see · confidence high
See Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000) (holding that the Religion Clauses of the First Amendment "prohibit a church from being sued under Title VII by its clergy” and "mandateO that churches retain exclusive control over strictly ecclesiastical matters”); Combs v. Cent.
discussed Cited "see" Equal Employment Opportunity Commission v. The Roman Catholic Diocese of Raleigh, North Carolina Sacred Heart Cathedral (2×) also: Cited "see, e.g."
4th Cir. · 2000 · signal: see · confidence high
See Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1302-04 (11th Cir.2000); Combs v. Central Tex. Annual Conference of the United Methodist Church, 173 F.3d 343, 347-50 (5th Cir.1999); EEOC v. Catholic Univ. of Am., 83 F.3d 455, 461-63 (D.C.Cir.1996).
discussed Cited "see" EEOC v. Roman Catholic Dio (2×) also: Cited "see, e.g."
4th Cir. · 2000 · signal: see · confidence high
See Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1302-04 (11th Cir. 2000); Combs v. Central Tex. Annual Conference of the United Methodist Church, 173 F.3d 343 , 347- 50 (5th Cir. 1999); EEOC v. Catholic Univ. of Am., 83 F.3d 455, 461-63 (D.C.
discussed Cited "see" Bollard v. California Province of the Society of Jesus
9th Cir. · 2000 · signal: see · confidence high
See Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000) (“Investigation ... into a church’s employment of its clergy would almost always entail excessive government entanglement into the internal management of the church.”); Combs v. Central Texas Annual Conf. of United Methodist Church, 173 F.3d 343 , 350 (5th Cir.1999) (holding that Title VII claims by ministers against their church necessarily require “secular authorities [to] intrude into church governance in a manner that would be inherently coercive, even if the alleged [misconduct] were …
discussed Cited "see, e.g." Demkovich v. Archdiocese of Chicago, The
N.D. Ill. · 2018 · signal: see also · confidence medium
See, e.g., Young v. N. Illinois Conference of United Methodist Church, 21 F.3d 184, 184, 187 (7th Cir. 1994) (minister’s claims for denial of promotion, as well as termination, was barred); see also Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1301, 1304 (11th Cir. 2000) (minister’s retaliation and constructive discharge claims, based on reassignment to a church 800 miles away with a substantially reduced salary, were barred by ministerial exception); E.E.O.C. v. Catholic Univ. of Am., 83 F.3d 455, 457 (D.C.
discussed Cited "see, e.g." Demkovich v. St. Andrew the Apostle Parish
E.D. Ill. · 2018 · signal: see also · confidence low
See, e.g. , Young v. N. Illinois Conference of United Methodist Church , 21 F.3d 184 , 184, 187 (7th Cir. 1994) (minister's claims for denial of promotion, as well as termination, was barred); see also Gellington v. Christian Methodist Episcopal Church, Inc. , 203 F.3d 1299 , 1301, 1304 (11th Cir. 2000) (minister's retaliation and constructive discharge claims, based on reassignment to a church 800 miles away with a substantially reduced salary, were barred by ministerial exception); E.E.O.C. v. Catholic Univ. of Am. , 83 F.3d 455 , 457 (D.C.
discussed Cited "see, e.g." Archdiocese of Miami, Inc. v. Minagorri
Fla. Dist. Ct. App. · 2007 · signal: see also · confidence low
See Gonzalez v. Roman Catholic Archbishop of Manila, 280 U.S. 1, 16 , 50 S.Ct. 5 , 74 L.Ed. 131 (1929); see also Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 , 1304 (11th Cir.2000).
discussed Cited "see, e.g." Richard Tomic v. Catholic Diocese of Peoria
7th Cir. · 2006 · signal: see also · confidence medium
These cases “affirm the fundamental right of churches to ‘decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine’.” Id. at 462 , citing Kedroff ; see also Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir.2000).
discussed Cited "see, e.g." Tomic, Richard v. Catholic Diocese Peo
7th Cir. · 2006 · signal: see also · confidence medium
These cases “affirm the fundamental right of churches to ‘decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.’ ” Id. at 462 , citing Kedroff; see also Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1304 (11th Cir. 2000).
cited Cited "see, e.g." Pardue v. Center City Consortium Schools of the Archdiocese of Washington, Inc.
D.C. · 2005 · signal: see also · confidence low
See also, e.g., Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 (11th Cir.2000); EEOC v. Catholic Univ. of Am., supra; Young v. *674 Northern Ill.
discussed Cited "see, e.g." Petruska v. Gannon University
W.D. Pa. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Gellington, 203 F.3d at 1304 (First Amendment barred minister’s Title VII claim premised upon alleged retaliation for his assistance of another employee in pursuing her sexual harassment claim).
discussed Cited "see, e.g." Dolquist v. Heartland Presbytery
D. Kan. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Gellington, 203 F.3d at 1303-04 (applying Title VII would violate Establishment Clause); Catholic Univ. of Am., 83 F.3d at 465-66 (delving into defendant's reasons for denial of tenure would involve excessive government entanglement with religion); Scharon, 929 F.2d at 362 (applying Title VI would require excessive entanglement with religion); Rayburn, 772 F.2d at 1170 (allowing plaintiffs claims would cause excessive substantive and procedural entanglement with religion). 10 .
Retrieving the full opinion text from the archive…
Lee Otis GELLINGTON, Plaintiff-Appellant,
v.
CHRISTIAN METHODIST EPISCOPAL CHURCH, INC., Defendant-Appellee
99-10603.
Court of Appeals for the Eleventh Circuit.
Feb 17, 2000.
203 F.3d 1299
Donnis Cowart, Tuscaloosa, AL, for Plaintiff-Appellant., Randolph Walker, Fairburn, GA, J. Ri-chet Pearson, Birmingham, AL, for Defendant-Appellant.
Black, Godbold, Fay.
Cited by 71 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Eleventh Circuit (1)
BLACK, Circuit Judge:

Appellant Lee Otis Gellington brought this action against his former employer, Appellee Christian Methodist Episcopal Church, Inc., alleging he was retaliated against and constructively discharged in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17. The district court granted summary judgment in favor of Appellee after concluding that the ministerial exception barred Appellant from • bringing suit under Title VII against Ap-pellee. Appellant appeals, presenting the narrow question of whether the ministerial exception survives the Supreme Court’s[*1301] decision in Employment Division, Dep’t of Human Resources of Oregon v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990). We conclude the ministerial exception to Title VII survives the Supreme Court’s holding in Smith, and accordingly affirm the order of the district court.

,1. BACKGROUND

Appellant is an ordained minister of the Christian Methodist Episcopal (CME) Church. CME Church is divided into ten Episcopal districts. Beginning in 1995, Appellant served as a minister in a church located in Mobile, Alabama, which is part of the Fifth Episcopal district. One of Appellant’s co-workers at the Mobile church was Veronica Little, who also was employed as a minister. On more than one occasion, Little confided in Appellant that her immediate supervisor had made sexual advances toward her, and she asked Appellant for guidance on how to handle this situation. Appellant advised and aided Little in preparing an official complaint to the church elders. Shortly after he aided Little in her complaint, Appellant was reassigned to a church over 800 miles away from his home at a substantial reduction in salary. Appellant states that he could not comply with this reassignment and consequently was forced to resign.

Appellant brought this action, alleging Appellee retaliated against him and constructively discharged him for aiding Little in her sexual harassment complaint. Ap-pellee then filed a motion for summary judgment. The district court granted the motion because it concluded that the ministerial exception to Title VII, created in McClure v. Salvation Army, 460 F.2d 553 (5th Cir.1972), barred Appellant from bringing his claim against Appellee. Appellant appeals this .order.

II. ANALYSIS

We review de novo a grant of summary judgment by the district court, applying the same standards. See Harris v. H & W Contracting Co., 102 F.3d 516, 518 (11th Cir.1996). We view the evidence, and all factual inferences that can reasonably be drawn from the evidence, in the light most favorable to the nonmoving party. See Stewart v. Happy Herman’s Cheshire Bridge, Inc., 117 F.3d 1278, 1285 (11th Cir.1997).

There is no question that the district court’s grant of summary judgment would have been correct prior to 1990. McClure v. Salvation Army, 460 F.2d 553 (5th Cir.1972), established that Title VII is not applicable to the employment relationship between a church and its ministers. See id. at 560. [1] . In McClure, a minister of the Salvation Army sued the church under Title VII, alleging she was discriminated against on the basis of sex and discharged because of her complaints regarding this alleged discrimination. See id. at 555. After noting that the First Amendment has built a “wall of separation” between church and 'State, and .that there is a long history of allowing churches to be free from state interference in matters of church governance, the Fifth Circuit held that it would not apply Title VII to the minister-church employment relationship. See id. at 558-560. The court reasoned that applying Title VII to this relationship “would result in an encroachment .by the State into an area of religious freedom which it is forbidden to enter by the principles of the free exercise clause of the First Amendment.” Id. at 560. The court concluded that matters such as “the determination of a minister’s salary, his place of assignment, and the duty he is to perform in furtherance of the religious mission of the church” were all functions with which the state could not interfere. Id. at 559.

[*1302] Since McClure, many other Circuits also have adopted the ministerial exception to Title VII. See, e.g., Young v. Northern Illinois Conf. of United Methodist Church, 21 F.3d 184 (7th Cir.1994) (holding that Free Exercise Clause forbids review of church’s employment decisions involving clergy); Minker v. Baltimore Annual Conf. of United Methodist Church, 894 F.2d 1354 (D.C.Cir.1990) (concluding that allowing minister to sue church under ADEA would violate Free Exercise Clause); Natal v. Christian and Missionary Alliance, 878 F.2d 1575 (1st Cir.1989) (following McClure in concluding that clergyman is barred by First Amendment from suing not-for-profit religious organization for wrongful termination); Rayburn v. General Conf. of Seventh-Day Adventists, 772 F.2d 1164 (4th Cir.1985) (holding that plaintiffs Title VII challenge to denial of pastoral appointment was barred by religion clauses of First Amendment).

Appellant argues that although McClure was the law of this Circuit prior to 1990, the ministerial exception to Title VII created in McClure cannot exist subsequent to the Supreme Court’s decision in Employment Division, Dep’t of Human Resources of Oregon v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990). In Smith, Alfred Smith and Galen Black challenged a determination that their religious use of peyote, which resulted in their dismissal from employment, was “misconduct” disqualifying them from receiving Oregon unemployment compensation benefits. See id. at 874, 110 S.Ct. at 1597-98. The claimants argued that Oregon violated the Free Exercise Clause of the First Amendment when it denied them unemployment benefits solely because of their sacramental use of peyote, a controlled substance under Oregon law. See id. The Court held the Free Exercise Clause did not bar Oregon from prohibiting the religious use of peyote, explaining that “the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes ... conduct that his religion prescribes.” Id. at 879, 110 S.Ct. at 1600 (citations and internal quotation marks omitted). The Court also rejected the argument that Oregon at least be forced to satisfy the compelling interest test before applying a neutral law of general applicability to religion-based conduct. See id. at 885, 110 S.Ct. at 1603. [2]

Appellant argues that because Smith held that religious beliefs do not excuse compliance with a generally applicable law, Appellee cannot evade the legal obligations imposed by Title VII simply because it is a religious organization. Appellant contends that because Title VII is a neutral law of general applicability, the First Amendment does not bar the application of Title VII to Appellee even if its application would burden the free exercise of religion.

Two Circuits have concluded the ministerial exception survives Smith. The D.C. Circuit first considered this question in EEOC v. Catholic University of America, 83 F.3d 455 (D.C.Cir.1996). A Catholic nun brought a Title VII sex discrimination suit against the University after she was denied tenure. See id. at 459. In addressing the plaintiff’s claim, the court noted that the “Supreme Court has recognized that government action may burden the free exercise of religion” in two ways: “by interfering with a believer’s ability to[*1303] observe the commands or practices of his faith, and by encroaching on the ability of a church to manage its internal affairs.” Id. at 460 (citations omitted). The- court then noted that the ministerial exception was developed, in part, to protect churches from the second type of government interference. See id. at 462. The court reasoned, however, that Smith focused exclusively on the ’first prong of the free exercise clause, the individual’s ability to observe the practices of his or her religion. See id. at 462. Concluding that Smith therefore was not applicable to the ministerial exception, the court stated “the burden on free exercise that is addressed by the ministerial exception is of a fundamentally different character from that at issue in Smith and in the cases cited by the Court in support of its holding.... [T]he ministerial exception does not present the dangers warned óf in Smith.” Id.

The D.C. Circuit also concluded the Supreme Court’s rejection in Smith of the compelling interest test did not affect the continuing existence of the ministerial exception. See id. at 462-63. The court noted that although some of the cases applying the ministerial exception cited the compelling interest test, the exception was not based on this test, but rather on a “long line of Supreme Court cases that affirm the fundamental right of churches to ‘decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.’ ” Id. at 462 (quoting Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church in North America, 344 U.S. 94, 116, 73 S.Ct. 143, 154, 97 L.Ed. 120 (1952)). Consequently, the D.C. Circuit held that the rejection of the compelling interest test did not alter this “century-old affirmation of a church’s sovereignty over its own affairs.” Id. at 463.

The Fifth Circuit has also held that the ministerial exception to Title VII survives Smith. In Combs v. Central Texas Annual Conf. of United Methodist Church, 173 F.3d 343 (5th Cir.1999), the court considered a Title VII sex discrimination claim brought by a female clergy member against her church. See id. at 345. In concluding that the suit was barred by the ministerial exception, the court agreed with both the reasoning and the conclusion of the D.C. Circuit, noting

Smith’s, language is clearly directed at the first strand of free exercise law, where an individual contends that, because of his religious beliefs, he should not be required to conform with generally applicable laws. The concerns raised in Smith are quite different from the concerns raised by Reverend Comb’s case, which pertains to interference in internal church management.

Id. at 349. The court reasoned that the constitutional protection of religious freedom afforded to churches in employment actions involving clergy exists even when such actions are not based on issues of church doctrine or ecclesiastical law. See id. at 350. The court also concluded that this “fundamental right of churches to be free from government interference in their internal management and administration” had not been affected, by the Smith Court’s refusal. tq. apply, the compelling interest test. Id.

We agreé with the Fifth and D.C. Circuits and hold that the ministerial exception created in McClure has not been overruled by the Supreme Court’s decision in Smith. The Smith decision focused on the first type of government infringement on the right of free exercise of religion— infringemént on an individual’s ability to observe the practices of his or her religion. The second type of government1 infringement — interference with a church’s ability to -select and manage its own clergy — was not at issue in Smith. The Court’s concern in Smith was that if an individual’s legal obligations were contingent upon religious beliefs, those beliefs[*1304] would allow each individual “ ‘to become a law unto himself.’ ” Smith, 494 U.S. at 885, 110 S.Ct. at 1603 (quoting Reynolds v. United States, 98 U.S. (8 Otto) 145, 167, 25 L.Ed. 244 (1879)). The ministerial exception does not subvert this concern; it was not developed to provide protection to individuals who wish to observe a religious practice that contravenes a generally applicable law. Rather, the exception only continues a long-standing tradition that churches are to be free from government interference in matters of church governance and administration. See, e.g., Kedroff v. St. Nicholas Cathedral, 344 U.S. 94, 107, 73 S.Ct. 143, 150, 97 L.Ed. 120 (1952) (“Legislation that regulates church administration, the operation of the churches, [or] the appointment clergy ... prohibits the free exercise of religion”). Also, because the ministerial exception is based on this tradition and not on strict scrutiny, the Court’s rejection in Smith of the compelling interest test does not affect the continuing vitality of the ministerial exception.

We noted in McClure “[t]he relationship between an organized church and its ministers is its lifeblood. The minister is the chief instrument by which the church seeks to fulfill its purpose.” 460 F.2d at 558-559. An attempt by the government to regulate the relationship between a church and its clergy would infringe upon the church’s right to be the sole governing body of its ecclesiastical rules and religious doctrine.

Furthermore, applying Title VII to the employment relationship between a church and its clergy would involve “excessive government entanglement with religion” as prohibited by the Establishment Clause of the First Amendment. See Lemon v. Kurtzman, 403 U.S. 602, 613, 91 S.Ct. 2105, 2111, 29 L.Ed.2d 745 (1971). Investigation by a government entity into a church’s employment of its clergy would almost always entail excessive government entanglement into the internal management of the church. A church’s view on whether an individual is suited for a particular clergy position cannot be replaced by the courts’ without entangling the government “in questions of religious doctrine, polity, and practice.” Jones v. Wolf, 443 U.S. 595, 603, 99 S.Ct. 3020, 3025, 61 L.Ed.2d 775 (1979). The Establishment Clause thus also mandates that churches retain exclusive control over strictly ecclesiastical matters.

III. CONCLUSION

For the foregoing reasons, we find that the Free Exercise and Establishment Clauses of the First Amendment prohibit a church from being sued under Title VII by its clergy. The district court therefore properly granted Appellee’s motion for summary judgment.

AFFIRMED.

1

. In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), this Court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.

2

. Congress attempted to reinstate the compelling interest test with respect to laws of general applicability that would apply to religious practices in the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. § 2000bb et seq. The Supreme Court, however, held that RFRA was unconstitutional as applied to the states because it exceeded the scope of Congress' power under § 5 of the Fourteenth Amendment. See City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997).