7 Illinois opinions name it 2 courts 1981–2022 3 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Collette v. Archdiocese of Chicagogreen2 sentences2021As one court has explained regarding the similar federal wage and hour rules: “And while ‘applicability of the ministerial exception is a question of law for the court,’ the subsidiary determination of whether a discrimination plaintiff was a minister is both factual and case-specific.” Collette v. Archdiocese of Chicago, 200 F. Supp. 3d 730, 733 (N.D. 2020As one court has explained regarding the similar federal wage and hour rules: “And while ‘applicability of the ministerial exception is a question of law for the court,’ the subsidiary determination of whether a discrimination plaintiff was a minister is both factual and case-specific.” Collette v. Archdiocese of Chicago, 200 F. Supp. 3d 730, 733 (N.D. | 2 | 2 |
Graves v. Pontiac Firefighters' Pension Boardgreen2 sentences2003The court set aside not only a ministerial error (Graves v. Pontiac Firefighters’ Pension Board, 281 Ill. 2003The court set aside not only a ministerial error ( Graves v. Pontiac Firefighters' Pension Board , 281 Ill. | 2 | 2 |
Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commissiongreen2 sentences2021See Hosanna-Tabor, 565 U.S. at 188 & n.2 (citing cases). ¶ 47 In Hosanna-Tabor, a unanimous Supreme Court formally recognized the ministerial exception for the first time. 2021In so doing, the Court clarified that the ministerial exception “operates as an affirmative defense to an otherwise cognizable claim, not a jurisdictional bar.” Id. at 195 n.4. | 1 | 3 |
Duncan v. Petersongreen1 sentence2022See Rehfield, 2021 IL 125656, ¶ 37 . ¶ 14 “The ecclesiastical abstention doctrine provides that ‘civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, court must accept as given whatever the religious entity decides.’ ” Id. ¶ 39 (quoting Duncan v. Peterson, 408 Ill. | 1 | 1 |
Rehfield v. Diocese of Jolietgreen2 sentences2022See Rehfield, 2021 IL 125656, ¶ 37 . ¶ 14 “The ecclesiastical abstention doctrine provides that ‘civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, court must accept as given whatever the religious entity decides.’ ” Id. ¶ 39 (quoting Duncan v. Peterson, 408 Ill. 2022See Rehfield, 2021 IL 125656, ¶ 37 . ¶ 14 “The ecclesiastical abstention doctrine provides that ‘civil courts may not determine the correctness of interpretations of canonical text or some decisions relating to government of the religious polity; rather, court must accept as given whatever the religious entity decides.’ ” Id. ¶ 39 (quoting Duncan v. Peterson, 408 Ill. | 1 | 1 |
Our Lady of Guadalupe School v. Morrissey-Berrugreen2 sentences2021The Court reiterated that, under the ministerial exception, “courts are bound to stay out of employment disputes involving those holding certain important positions with churches and other - 15 - religious institutions.” Id. at ___, 140 S. Ct. at 2060 . 2021The Court reiterated that, under the ministerial exception, “courts are bound to stay out of employment disputes involving those holding certain important positions with churches and other - 15 - religious institutions.” Id. at ___, 140 S. Ct. at 2060 . | 1 | 1 |
People v. Falbegreen1 sentence2021See People v. Falbe, 189 Ill. 2d 635, 645 (2000). ¶ 37 If either ecclesiastical abstention or the ministerial exception applies to plaintiff’s whistleblower claim, the trial court’s dismissal of count II should be affirmed. | 1 | 1 |
Kirby v. Lexington Theological Seminarygreen1 sentence2021This principle underlies what the federal courts have dubbed the “ministerial exception.” ¶ 46 “The ministerial exception is best understood as a narrow, more focused subsidiary of the ecclesiastical abstention doctrine ***.” Kirby v. Lexington Theological Seminary, 426 S.W.3d 597, 604 (Ky. 2014). | 1 | 1 |
John Bollard v. The California Province Of The Society Of Jesusgreen2 sentences2021The Ninth Circuit expressly applied the same reasoning to state retaliation claims, stating that “ ‘[j]ust as there is a ministerial exception to Title VII, there must also be a ministerial exception to any state law cause of action that would otherwise impinge on the church’s prerogative to choose its ministers or to exercise its religious beliefs in the context of employing its ministers.’ ” Elvig, 375 F.3d at 969 (quoting Bollard v. California Province of the Society of Jesus, 196 F.3d 940, 950 (9th Cir. 1999)). ¶ 55 In this case, plaintiff’s whistleblower claim challenges the Diocese’s dec 2021The Ninth Circuit expressly applied the same reasoning to state retaliation claims, stating that “ ‘[j]ust as there is a ministerial exception to Title VII, there must also be a ministerial exception to any state law cause of action that would otherwise impinge on the church’s prerogative to choose its ministers or to exercise its religious beliefs in the context of employing its ministers.’ ” Elvig, 375 F.3d at 969 (quoting Bollard v. California Province of the Society of Jesus, 196 F.3d 940, 950 (9th Cir. 1999)). ¶ 55 In this case, plaintiff’s whistleblower claim challenges the Diocese’s dec | 1 | 1 |
Larsen v. Provena Hospitalsgreen1 sentence2021See Larsen v. Provena Hospital, 2015 IL App (4th) 140255, ¶ 47 (the intent of whistleblower laws is to reduce crime and protect people from harm (citing Sutherland v. Norfolk Southern Ry. | 1 | 1 |
Anne Needham v. White Laboratories, Inc.green1 sentence2003See Needham v. White Laboratories Inc., 639 F.2d 394, 398 (7th Cir.1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ferman Shaliehsabou v. Hebrew Home of Greater Washington, Incorporated
green
2 sentences2021Shaliehsabou, 363 F.3d at 306 . 2021Shaliehsabou, 363 F.3d at 306 . | 2 | 2020–2021 |
Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North America
green
1 sentence2021According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.” Id. at 188-89 . ¶ 48 The Court emphasized that a religious organization’s reason for terminating a minister’s employment is irrelevant to whether the ministerial exception applies. | 1 | 2021–2021 |
Monica L. McDowell Elvig v. Calvin Presbyterian Church Will Ackles
green
2 sentences2021The Ninth Circuit expressly applied the same reasoning to state retaliation claims, stating that “ ‘[j]ust as there is a ministerial exception to Title VII, there must also be a ministerial exception to any state law cause of action that would otherwise impinge on the church’s prerogative to choose its ministers or to exercise its religious beliefs in the context of employing its ministers.’ ” Elvig, 375 F.3d at 969 (quoting Bollard v. California Province of the Society of Jesus, 196 F.3d 940, 950 (9th Cir. 1999)). ¶ 55 In this case, plaintiff’s whistleblower claim challenges the Diocese’s dec 2021The Ninth Circuit expressly applied the same reasoning to state retaliation claims, stating that “ ‘[j]ust as there is a ministerial exception to Title VII, there must also be a ministerial exception to any state law cause of action that would otherwise impinge on the church’s prerogative to choose its ministers or to exercise its religious beliefs in the context of employing its ministers.’ ” Elvig, 375 F.3d at 969 (quoting Bollard v. California Province of the Society of Jesus, 196 F.3d 940, 950 (9th Cir. 1999)). ¶ 55 In this case, plaintiff’s whistleblower claim challenges the Diocese’s dec | 1 | 2021–2021 |
Petruska v. Gannon University
green
1 sentence2021Petruska summed up the rule thusly: “The ministerial exception, as we conceive of it, operates to bar any claim, the resolution of which would limit a religious institution’s right to select who will perform particular spiritual functions.” (Emphasis added.) Petruska, 462 F.3d at 307 . | 1 | 2021–2021 |
County of Cook v. Patka
green
1 sentence1981App. 3d 5 , 405 N.E.2d 1376 .) Although the distribution of the nominating petition forms was an affirmative act, the failure of the form to include specific spaces for the necessary information omitted by the candidates here can at most be seen as a ministerial error and not a governmental action of the Board itself. | 1 | 1981–1981 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.