Laws that prohibit employment discrimination are intended to promote equality. The Religion Clauses of the First Amendment, which prevent the establishment of religion by government and which protect the ability to freely exercise one's religious beliefs, also are of fundamental importance to this country.

In the context of employment disputes, the two core values of equality and freedom of religion sometimes conflict. Almost exactly a decade ago, in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court held that where a defendant in an employment discrimination action is able to establish that the "ministerial exception" applies, the First Amendment has "struck the balance" in favor of religious liberty.

Simply stated, the ministerial exception bars employment discrimination claims brought by ministers against the religious groups that employ or formerly employed them. After discussing the origins of the ministerial exception, this column will examine how courts determine when the exception requires judgment in favor of a defendant.