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  September 8, 2008
  Source:  WorkInjury.com
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CA/4:   Claims Related to Firing Gay Minister Barred Under 'Ministerial' Exception

In this unpublished opinion, a minister sued his church for defamation, invasion of privacy, and intentional infliction of emotional distress related to his termination when the worship director discovered he was homosexual.

This appeal followed the trial court's ruling in favor of the church on grounds that the minister's various causes of action were barred by the "ministerial exception" found in case law.

In an earlier related decision the appellate court discussed this exception:

"[T]he ministerial exception 'bars courts from reviewing employment decisions by religious organizations affecting employees who have the religious duties of ministers. [Citations.]' (Catholic Charities of Sacramento, Inc. v. Superior Court (2004) 32 Cal.4th 527, 543.)

. . . "The ministerial exception can apply to otherwise actionable claims of defamation and invasion of privacy, when based on statements 'related to the hiring, firing, discipline or administration of clergy.' (Higgins v. Maher (1989) 210 Cal.App.3d 1168, 1175.)

"The United States Supreme Court has not spoken on the ministerial exception and no court that has addressed the exception has articulated a bright-line test for determining when defamatory and privacy invading statements are 'related to' the termination of a minister."

The appellate court thus affirmed the trial court's summary judgment. The case is Gunn v. Mariners Church, Inc.

To read the full opinion,

PLEASE CLICK HERE.