Decided
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
Holding
The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws. Moreover, because the respondent in this case was a minister within the meaning of the ministerial exception, the First Amendment requires dismissal of her employment discrimination suit against her religious employer.
Judgment
Reversed, 9-0, in an opinion by John Roberts on Jan 11, 2012. Justice Thomas filed a concurring opinion. Justice Alito also filed a concurring opinion, which was joined by Justice Kagan.
Merits Briefs for Petitioner
- Brief of petitioner “Hosanna-Tabor Evangelical Lutheran Church and School
- Reply brief for petitioner Hosanna-Tabor Evangelical Lutheran Church and Schools
Amicus Briefs Supporting Petitioner
- Brief for the American Association of Christian Schools
- Brief for the American Center for Law and Justice and the Intervarsity Christian Fellowship/ USA “Urging Reversal
- Brief for the American Jewish Committee and the Union for Reform Judiasm
- Brief for American Bible Society et al.
- Brief for the Council for Christian Colleges and Universities
- Brief for Evangelical Covenent Church et al.
- Brief of the International Center for Law and Religious Studies at Brigham Young University
- Brief for the International Mission Board of The Southern Baptist Convention et al.
- Brief for Justice and Freedom Fund
- Brief for Lutheran Church-Missouri Synod
- Brief for Michigan and 7 Other States
- Brief for the Muslim-American Public Affairs Council et al. “Urging Reversal
- Brief for Professor Professor Eugene Volokh et al.
- Brief for Religious Organizations and Institutions
- Brief for the Rutherford Institute
- Brief for Jewish Educational Center et al.
- Brief for Religious Tribunal Experts
- Brief for Trinity Baptist Church in Support of Jacksonville
- Brief for the United States Conference of Catholic Bishops et al.
- Brief for Wallbuilders, Inc.
Merits Briefs for Respondents
Amicus Briefs Supporting Respondent
- Brief for the NAACP Legal Defense Fundet al.Urging Affirmance
- Brief for People for the American Way
- Brief for Law and Religion Professors
- Brief for Bishopaccountability.Org, et al.
- Brief for Antitrust Professors and Scholars
- Brief for the Anti-Defamation League
- Brief for Americans United for Separation of Church and State et al.
- Brief for the American Humanist Association and American Atheists, Inc. et al.
- Brief for the National Employment Lawyers Association
- Brief for Neil H. Cogan Urging Affirmance
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- Amicus brief of Christian Reformed Church in North America et al. (unavailable)
Related Coverage
Sep 1, 2010Application (10A235) to extend the time to file a petition for a writ of certiorari from September 22, 2010 to October 22, 2010, submitted to Justice Thomas.
Sep 2, 2010Application (10A235) granted by Justice Thomas extending the time to file until October 22, 2010.
Oct 22, 2010Petition for a writ of certiorari filed. (Response due November 26, 2010)
Nov 16, 2010Order extending time to file response to petition to and including December 27, 2010, for all respondents.
Nov 24, 2010Motion for leave to file amici brief filed by International Mission Board of the Southern Baptist Convention, et al.
Nov 24, 2010Motion for leave to file amici brief filed by Religious Organizations and Institutions.
Nov 24, 2010Motion for leave to file amici brief filed by Christian Reformed Church in North America, et al.
Dec 13, 2010Order further extending time to file response to petition to and including January 26, 2011, for all respondents.
Jan 26, 2011Brief of respondent Equal Employment Opportunity Commission in opposition filed.
Jan 26, 2011Brief of respondent Cheryl Perich in opposition filed.
Feb 8, 2011Reply of petitioner Hosanna-Tabor Evangelical Lutheran Church and School filed. Distributed). TBP
Feb 9, 2011DISTRIBUTED for Conference of February 25, 2011.
Feb 28, 2011DISTRIBUTED for Conference of March 4, 2011.
Mar 10, 2011DISTRIBUTED for Conference of March 18, 2011.
Mar 21, 2011DISTRIBUTED for Conference of March 25, 2011.
Mar 28, 2011Motion for leave to file amici brief filed by International Mission Board of the Southern Baptist Convention, et al. GRANTED.
Mar 28, 2011Motion for leave to file amici brief filed by Religious Organizations and Institutions GRANTED.
Mar 28, 2011Motion for leave to file amici brief filed by Christian Reformed Church in North America, et al. GRANTED.
Mar 28, 2011Petition GRANTED.
Apr 6, 2011The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 13, 2011.
Apr 6, 2011The time to file respondents' briefs on the merits is extended to and including August 2, 2011.
May 3, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
May 6, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Cheryl Perich.
Jun 13, 2011Joint appendix filed. (Statement of costs received)
Jun 13, 2011Brief of petitioner Hosanna-Tabor Evangelical Lutheran Church and School filed.
Jun 17, 2011Consent to the filing of amicus briefs, in support of either party or of neither party, received from the Solicitor General on behalf of the EEOC.
Jun 20, 2011Brief amicus curiae of The Rutherford Institute filed.
Jun 20, 2011Brief amici curiae of Jewish Educational Center, et al. filed.
Jun 20, 2011Brief amicus curiae of International Center for Law and Religion Studies at Brigham Young University filed.
Jun 20, 2011Brief amici curiae of the Evangelical Covenant Church, et al. filed.
Jun 20, 2011Brief amicus curiae of the Lutheran Church - Missouri Synod filed.
Jun 20, 2011Brief amici curiae of Muslim-American Public Affairs Council, et al. filed.
Jun 20, 2011Brief amici curiae of American Jewish Committee and the Union for Reform Judaism filed.
Jun 20, 2011Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Jun 20, 2011Brief amicus curiae of Justice and Freedom Fund filed.
Jun 20, 2011Brief amicus curiae of American Association of Christian Schools filed.
Jun 20, 2011Brief amici curiae of International Mission Board of the Southern Baptist Convention, et al. filed.
Jun 20, 2011Brief amicus curiae of American Center for Law and Justice and Intervarsity Christian Fellowship/USA filed.
Jun 20, 2011Brief amici curiae of Religious Tribunal Experts filed.
Jun 20, 2011Brief amici curiae of Professor Eugene Volokh, et al. filed.
Jun 20, 2011Brief amici curiae of Michigan, et al. filed.
Jun 20, 2011Brief amicus curiae of Council for Christian Colleges and Universities filed.
Jun 20, 2011Brief amicus curiae of National Jewish Commission on Law and Public Affairs filed.
Jun 20, 2011Brief amici curiae of Religious Organizations and Institutions filed.
Jun 20, 2011Brief amici curiae of American Bible Society, et al. filed.
Jun 20, 2011Brief amicus curiae of Trinity Baptist Church of Jacksonville, Inc. filed.
Jun 20, 2011Brief amicus curiae of Wallbuilders, Inc. filed.
Jul 15, 2011CIRCULATED.
Jul 19, 2011SET FOR ARGUMENT ON Wednesday, October 5, 2011.
Aug 2, 2011Brief of respondent Equal Employment Opportunity Commission filed. (Distributed)
Aug 2, 2011Brief of respondent Cheryl Perich filed. (Distributed)
Aug 5, 2011Motion for divided argument filed by the Solicitor General.
Aug 8, 2011Brief amici curiae of American Humanist Association and American Atheists, Inc., et al. filed. (Distributed)
Aug 8, 2011Brief amicus curiae of Neil H. Cogan filed. (Distributed)
Aug 9, 2011Brief amici curiae of Law and Religion Professors filed. (Distributed)
Aug 9, 2011Brief amici curiae of BishopAccountability.org, et al. filed. (Distributed)
Aug 9, 2011Brief amicus curiae of Antitrust Professors and Scholars filed. (Distributed)
Aug 9, 2011Brief amicus curiae of People For the American Way Foundation filed. (Distributed)
Aug 9, 2011Brief amicus curiae of Anti-Defamation League filed. (Distributed)
Aug 9, 2011Brief amici curiae of NAACP Legal Defense Fund, et al. filed. (Distributed)
Aug 9, 2011Brief amici curiae of Americans United for Separation of Church and State, et al. filed. (Distributed)
Aug 9, 2011Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
Aug 10, 2011Record from U.S.C.A. for 6th Circuit is electronic.
Aug 11, 2011Record from U.S.D.C. for Eastern District of Michigan is electronic.
Aug 18, 2011Application (11A219) of petitioner to file a reply brief on the merits in excess of the word limit, submitted to Justice Kagan.
Aug 24, 2011Application (11A219) granted by Justice Kagan to file a reply brief on the merits in excess of the word limit.
Sep 1, 2011Reply of petitioner Hosanna-Tabor Evangelical Lutheran Church and School filed. (Distributed)
Sep 27, 2011Motion for divided argument filed by the Solicitor General GRANTED.
Oct 5, 2011Argued. For petitioners: Douglas Laycock, Charlottesville, Va. For federal respondent: Leondara R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondent: Walter Dellinger, Washington, D. C.
Jan 11, 2012Judgment REVERSED. Roberts, C. J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. Alito, J., filed a concurring opinion, in which Kagan, J., joined.
Feb 13, 2012JUDGMENT ISSUED.
Recommended Citation: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, SCOTUSblog, https://www.scotusblog.com/cases/hosanna-tabor-evangelical-lutheran-church-and-school-v-eeoc/