Faith Bible Chapel v. Gregory Tucker (U.S.)
The brief seeks to ensure the continuing vitality of the constitutional protections afforded to religious organizations under the First Amendment’s “ministerial exception.” The ministerial exception protects religious organizations’ right to select leaders who will shape their religious mission free from government interference. The exception ensures that the government will not become entangled with and unjustly intrude into these important religious decisions.
In particular, Tucker presents the question whether ministerial-exception defenses should be resolved early in litigation, like many other constitutional immunities. The clinic's brief emphasizes that the failure to do so would demand that religious organizations undergo lengthy and burdensome litigation, even in cases where the defense clearly applies. That, in turn, could threaten to effectively nullify these constitutional protections for many religious organizations which do not have the resources to devote to protracted litigation.
Case Documents
- Brief of Notre Dame Law School Religious Liberty Clinic as Amicus Curiae in Support of Petitioner (Supreme Court) (March 10, 2023)
Meet the Team
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Director, Religious Liberty Clinic
Term Teaching Professor -
Staff Attorney, Religious Liberty Clinic
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2022-23 Student Fellow
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2021-22 Student Fellow
2022-23 Student Fellow -
2021-22 Student Fellow
2022-23 Student Fellow