“Right Test, Wrong Outcome: Avoiding Misuse of the Ministerial Exception in Faith-Based Schools” by Charles J. Russo & Allan G. Osborne
During the closing days of its 2019-20 term, the Supreme Court’s trilogy of rulings in the companion cases of Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, and Espinoza v. Montana Department of Taxation, resoundingly reaffirmed the Justices’…