The Yale Law Journal

Jed Glickstein


Should the Ministerial Exception Apply to Functions, Not Persons?

Jed Glickstein

122 Yale L.J. 1964 (2013).

In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the Supreme Court confirmed what the lower courts had been saying for some time: the First Amendment prohibits the application of the employment discrimination laws to the relationship between a church and its m…