ALCAZAR v. CORP. OF THE CATHOLIC ARCHBISHOP

No. 09-35003.

627 F.3d 1288 (2010)

Jesus ALCAZAR, Plaintiff, and Cesar Rosas, Plaintiff-Appellant, v. The CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE; and Father Horatio Yanez, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2010.


Attorney(s) appearing for the Case

Eric Schnapper , University of Washington School of Law, Seattle, WA; and Lindsay Halm , Schroeter, Goldmark & Bender, Seattle, WA, for the plaintiff-appellant.

Michael A. Patterson and Karen A. Kalzer , Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S., Seattle, WA; and M. Colleen Kinerk , Cable, Langenbach, Kinerk & Bauer, LLP, Seattle, WA, for the defendants-appellees.

Allen Ruby , Law Offices of Allen Ruby, San Jose, CA; Eric C. Rassbach , The Becket Fund for Religious Liberty, Washington, D.C.; and Kathryn Darnell , Metzger Law Group, PLC, Long Beach, CA, for the amici curiae.

Before: ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, ROBERT R. BEEZER, DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD C. TALLMAN, CARLOS T. BEA, MILAN D. SMITH, JR., and N. RANDY SMITH, Circuit Judges.


OPINION

GRABER, Circuit Judge:

Churches, like all other institutions, must adhere to state and federal employment laws. But the federal courts have recognized a "ministerial exception" to that general rule. The exception exempts a church's employment relationship with its "ministers" from the application of some employment statutes, even though the statutes by their literal terms would apply. A key inquiry, therefore, is whether an employee is a "minister...

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