New Jersey Supreme Court Rules That Religious Groups Can Select and Govern Their Ministers — WITHOUT Government Interference

Religious organizations have the freedom to hire individuals who share the organizations’ beliefs about the faith, or discipline individuals according to those beliefs.

The Supreme Court of New Jersey affirmed this right last week.

The Rosenbaum Yeshiva of North Jersey fired a rabbi the school said was acting inappropriately with elementary-age girls in the school, violating Jewish law. The school also wrote a letter to parents explaining what happened.

The rabbi denied the allegation and filed a lawsuit. He claimed that the school had defamed him and should be required to defend itself in court. Becket Law filed a brief in the case on behalf of several orthodox organizations that support the Rosenbaum Yeshiva of North Jersey. From Becket (emphasis added):

Becket’s brief explained which kinds of claims fall under the ministerial exception, a legal protection that ensures that religious groups can select and govern their ministers free from any government interference. While some claims fall outside the exception—like a priest who sues a bishop for punching him in the face—it protects religious groups from defamation claims like those alleged by Rabbi Hyman, which do nothing more than ask a court to second-guess how a religious school chose to discipline one of its ministers.  

The state’s highest court noted (PDF) that the U.S. Supreme Court has recognized “a ‘ministerial exception’ requiring courts to ‘stay out of employment disputes involving’ employees who hold ‘certain important positions with churches and other religious institutions’ and are therefore deemed to be ‘ministers’ for purposes of the exception.”

The court recognized such an exception in this case.

“Judges have no business picking Jewish rabbis or Orthodox priests,” said Laura Wolk Slavis, counsel at Becket. “The court’s ruling reinforces that common-sense principle, allowing Rosenbaum Yeshiva to choose who passes on its Jewish beliefs to the next generation.”