Landmark First Amendment Religion Litigation?

[Douglas Laycock]

  Smith's clearest preservation of the ministerial exception cases is
at 877, where he says "the government may not . . . lend its power to
one or the other side in controversies over religious authority or
dogma," citing Mary Elizabeth Blue Hull (a church schism case with
consequences for control of property), Kedroff, and Serbian (both
cases about church personnel with consequences for control of
property).  A minister exercises "religious authority."

  Quoting Lawyer2974 at aol.com:

> In a message dated 1/26/2007 5:53:14 PM Eastern Standard Time,
> VOLOKH at law.ucla.edu writes:
> In the hybrid rights section, Scalia wrote, "And it is easy to
> envision a case in which a challenge on freedom of association
grounds
> would likewise be reinforced by Free Exercise Clause concerns."  I
> wouldn't exactly call this express, but it does seem designed to
leave
> open room precisely for the ministerial exception.
>
>     Eugene
> Unfortunately I am working form memory at the moment but that
memory is that
> it was precisely in this section that footnotes included some of
the
> ministerial exception case(s)
>
> Donald C. Clark, Jr.
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Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713
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