Case pending before the Supremes could give religious schools wide latitude to discriminate

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Here's the Obama Administration's brief in the case:

http://www.americanbar.org/content/dam/aba/publishing/previewbriefs/Other_Brief_Updates/10-553_federalrespondents.authcheckdam.pdf

The high court has never before ruled ont he "ministerial exception" to the jurisdiction of federal anti-discrimination law. SOme of the US COurts of Appeals have, most recently:

United States Court of Appeals,
Eighth Circuit.
Maureen McNEIL, Appellant,
v.
MISSOURI ANNUAL CONFERENCE OF the UNITED METHODIST CHURCH; Heartland South District, United Methodist Church; Robert Schnase; Sally Haynes, Appellees.

No. 10–3291.
Submitted: March 4, 2011.
Filed: March 11, 2011.

Background: Candidate for ministry, who had been denied employment at church, filed state court suit against church alleging discrimination in violation of Americans with Disabilities Act (ADA). Following church's removal of action, the United States District Court for the Western District of Missouri, 2010 WL 3732191, Nanette K. Laughrey, J., dismissed. Plaintiff appealed.


Holding: The Court of Appeals held that ministerial exception applied to bar ministry candidate's suit.
Affirmed.

In so holding the Eighth Circuit panel reasoned, "Ministerial exception to the general rule that churches must adhere to state and federal employment laws applied to bar ministry candidate's employment discrimination claim against church brought pursuant to Americans with Disabilities Act (ADA); personnel decision by church or religious institution affecting clergy was a religious matter per se, which could not be reviewed by civil court, since doing so would implicate the First Amendment's Free Exercise Clause."