<p>Similar arguments were made early on in EEOC v. Mississippi College, 626 F.2d 477, 484-85 (5th Cir. 1980). No ministerial exception because "the College is not a church and its faculty members are not ministers." Professors of theology and seminary faculty are within the ministerial exception. EEOC v. Catholic University (D.C. Cir 1996) and EEOC v. Southwestern Baptist Theological Seminary (5th Cir. 1981 or so). Faculty in secular subjects have been held outside it, and it is hard to see how law professors would be any different. </p>
<p>Quoting Ed Brayton <stcynic@gmail.com>:<br /><br />> <a href="http://avewatch.com/?p=136" target="_blank">http://avewatch.com/?p=136</a><br />><br />><br />><br />> This strikes me as highly unlikely to succeed, especially since the law<br />> school had to have represented to the ABA many things that would undermine<br />> their claim to the exception. Thoughts from the scholars on the list?<br />><br />><br />><br />> Ed Brayton<br />><br />><br /></p>
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<p class="imp-signature"><!--begin_signature-->Douglas Laycock<br />Yale Kamisar Collegiate Professor of Law<br />University of Michigan Law School<br />625 S. State St.<br />Ann Arbor, MI 48109-1215<br /> 734-647-9713<!--end_signature--></p>