The Ministerial Exception and Defamation: Navigating Churches’ Autonomy and Their Communications

Abstract

In two recent cases, the Supreme Court has adopted what scholars and lower courts have called the “ministerial exception.” The Court only addressed the ministerial exception’s application to employment discrimination claims. But the Court did not foreclose the possibility of its application to other claims.

This Comment argues that the ministerial exception applies to defamation claims arising out of a minister’s termination. After providing the background for the ministerial exception, this Comment explains the current state of the law. Then, this Comment argues that the ministerial exception, as a form of the church autonomy doctrine, applies to the defamation claims asserted by a terminated minister. Finally, it argues that the ministerial exception’s application to defamation claims would not lead to immunity from all tort claims.