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2nd Circuit: Ministerial Exception Bars Rabbi's Suit Against Her Former Temple

By Howard M. Friedman

In Friedlander v. Port Jewish Center, (2d Cir., Sept. 30, 2009), the 2nd Circuit agreed that a New York federal district court lacked jurisdiction over a breach of contract claim by a rabbi against her former congregation. (See prior posting.) The Court of Appeals found that the "ministerial exception" doctrine applies. That doctrine bars civil courts from interfering with the autonomy of religious institutions over ecclesiastical affairs. The Court said:

review of Freidlander?s claims ... would require scrutiny of whether she should have ... read more extensively from the Torah at certain services, prepared students for their Bar or Bat Mitzvah more adequately, performed certain pastoral services ... or followed the Temple?s funeral service policies. A reviewing court would also be required to assess whether any failures rose to the level of "gross misconduct or willful neglect of duty".... [S]uch review would involve impermissible judicial inquiry into religious matters.

[Thanks to Y.Y. Landa for the lead.]

Full post as published by Religion Clause on October 01, 2009 (boomark / email).