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February 10, 2010

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Marc DeGirolami

There is an argument that you do not consider for the conclusion that Smith is inapposite when dealing with the ministerial exemption. It is that Smith dealt with an individual free exercise right, while the ministerial exemption is really about the liberty of institutions, or "churches," to direct their internal affairs. That is, the ministerial exemption has been held to involve matters of institutional autonomy and it has been applied for the last roughly half century with an eye toward separationist concerns.

One can disagree with this view, of course, and I believe that, e.g., Caroline Corbin has done so in recent work. Paul Horwitz, by contrast, in his work on institutionalism, defends it. But whatever way you come out, it is still an argument that weighs against the application of Smith to the ME.

insulation government grant

the credibility of the church's gender neutral explanation for the firing, the court must inquire about what is required by church teachings, and when a minister's behavior is sufficiently inconsistent with those teachings to justify termination.

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