TEMPLE EMANUEL OF NEWTON v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

SJC-10841.

463 Mass. 472 (2012)

TEMPLE EMANUEL OF NEWTON v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION.

Supreme Judicial Court of Massachusetts, Suffolk.

September 19, 2012.


Attorney(s) appearing for the Case

Catherine C. Ziehl for the defendant.

Thomas J. Carey, Jr. ( Michael L. Chinitz with him) for the plaintiff.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

This case presents two issues. The first is whether a judge in the Superior Court erred in ordering the dismissal of an age discrimination complaint filed with the Massachusetts Commission Against Discrimination (commission) for lack of subject matter jurisdiction before a final decision had been reached by the commission. The second is whether the "ministerial exception" required by the First Amendment to the United States Constitution prohibits a court...

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