May a religious group legally fire a non-ministerial employee (like a secretary or janitor) for violating the group's religious beliefs about sex or marriage? As I explained yesterday, this is the question presented in a spate of recent cases and likely heading to the Supreme Court. It is also the question addressed in my forthcoming article in the Notre Dame Law Review, Religious Hiring Beyond the Ministerial Exception. In it, I set forth the arguments for and against six potential legal protections for the religious hiring of non-ministers.
In today's post, I'll make the case for what I believe is the most straightforward defense available in these cases: Title VII's religious exemption. Under a plain reading of that exemption, religious groups have the right to limit hiring to employees who share their particular religious beliefs, observances, and practices—including their beliefs and practices about sex and marriage.
Title VII's Text
