In considering whether defamation claims raised by a former “minister” are barred against a  Orthodox Jewish institution, the New Jersey Supreme Court was equally divided Wednesday over whether discovery should go forward in the case.

The state high court granted certification in Hyman v. Rosenbaum Yeshiva of North Jersey on whether the ministerial exception bars any tort claims raised by a former ministerial employee against a religious institution if those claims are related to the religious institution’s employment decision. Justice Rachel Wainer Apter did not participate, leaving six members who unanimously agreed that the standard outlined in McKelvey v. Pierce applies in this case. However, the justices were evenly divided 3-3 as to whether the plaintiff was entitled to discovery.