Demkovich v. St. Andrew (Ministerial Exception)

Sandor Demkovich worked as the music and choir director for St. Andrew, a Catholic Parish in Calumet City, Illinois, until he was fired for marrying his husband. Demkovich also expressed that he was discriminated against by Jacek Dada, the head paster, during his time at St. Andrew. Dada allegedly harassed Demkovich about his sexuality and weight since Demkovich is homosexual, diabetic, and has been diagnosed with a metabolic disorder. Shortly after Demkovich’s marriage to husband Frank Hattula, Dada asked him to resign; when he refused, Dada fired Demkovich. Demkovich filed a lawsuit against St. Andrew church and the Archdiocese of Chicago for discrimination which violated Title VII and the Americans with Disabilities Act. The church argued that under “ministerial exception,” the First Amendment protects its rights to hire and fire employees for reasons dictated by faith (Molloy).

The Supreme Court clarifies the purpose for “ministerial exception” in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (EEOC): “The members of a religious group put their faith in the hands of their ministers. Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision” (Hosanna-Tabor Evangelical Lutheran Church v. EEOC). The Court decided that the ministerial exception applied to the plaintiff, a teacher at the elementary school who was fired after being diagnosed with disability, establishing her as a “minister” and validating the rights of Hosanna-Tabor to fire her. This decision was used as precedent in the case Our Lady of Guadalupe School v. Morrissey-Berru when the Supreme Court interprets considers elementary school teachers, Morrissey-Berru and Biel, to be “ministers” despite not being ordained. The Court lists their “significant religious responsibilities” and concludes that their roles qualify as ministers (Our Lady of Guadalupe School v. Morrissey-Berru). Justice Alito added that it would be restrictive “to adopt a rigid formula for deciding when an employee qualifies as a minister” (Our Lady of Guadalupe School v. Morrissey-Berru). 

After Demkovich’s claims were dismissed by the US District Court, the US Court of Appeals for the Seventh Circuit acknowledged the religious institution’s right to apply ministerial exception, they must also “maintain a workplace free from harassment” (Esposito). The case is in session, and it has not been indicated when a verdict will be made. 

With Supreme Court decisions of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC and Our Lady of Guadalupe School v. Morrissey-Berru in mind, I believe, in the eyes of the Supreme Court, Demkovich qualifies as a “minister of the church” despite acting as the music and choir director. Therefore, I believe that the church has the right, under the First Amendment, to hire and fire employees that further their mission to practice the beliefs being preached in the parish. I do not agree with the umbrella protection provided by the ministerial exception and believe it requires more nuance to serve its true purpose—to allow a religious institution to have autonomy over who furthers their mission. Many see the ministerial exception as a shield for religious institutions to dodge complaints of discrimination. I believe this introduces the threat of the slippery slope—the existence of the ministerial exception expects religious institutions not to exploit its protection. The influence of Supreme Court decision in this case will reach far beyond church employees. The extension of the definition of “minister” could broaden to students at a parochial school, doctors of a religious hospital, or employees of another religiously affiliated organization. If a parochial school student comes out as non-heterosexual, can the school expel the student? (Needham) When does an employee truly become a “minister” of the religious institution? Additionally, in this case, the church cannot extend the ministerial exception to excuse Dada’s harassment against Demkovich. As stated by Justice Alito in the decision of Our Lady of Guadalupe School v. Morrissey-Berru, “This does not mean that religious institutions enjoy a general immunity from secular laws, but it does protect their autonomy with respect to internal management decisions that are essential to the institution’s central mission” (Our Lady of Guadalupe School v. Morrissey-Berru). Furthermore, the ministerial exception cannot create complete religious autonomy which ignores the law of the land. In a case similar to Demkovich, Koenke v. St. Joesph’s University, Noel Koenke filed a Title IX lawsuit against her employer after being discriminated against for her sexuality (Koenke v. Saint Joseph's University). Koenke’s attorney explained, “The university could have said, ‘We are not going to hire you because you’re gay.’ The university could have also said, ‘You’re fired because you’re gay.’ What you don’t get to do is hold the position open to a gay person, give it to them and then subject them on a daily basis to harassment” (Molloy, Lesbian Employee Sues St. Joseph’s University Over Discrimination and Harassment). As argued by Demkovich’s attorney, it’s clear the instances of harassment “have nothing to do with religious justification” and therefore cannot be defended by ministerial exception (Klein). Exploitation of ministerial exception opens the door for religious institutions to discriminate against under-represented people. 

Bibliography
Esposito, Stefano. Court reinstates sexual harassment claim of former Catholic music director fired after same-sex wedding. 1 September 2020. <https://chicago.suntimes.com/news/2020/9/1/21410353/catholic-music-director-fired-same-sex-wedding-sandor-demkovich-calumet-city>.
Hosanna-Tabor Evangelical Lutheran Church v. EEOC. No. 565. Supreme Court of the United States . 2012.
Klein, Lisa. Catholic Church Argues for Exception to Worker Rights at Seventh Circuit. 9 February 2021. <https://www.courthousenews.com/catholic-church-argues-for-exception-to-worker-rights-at-seventh-circuit/>.
Koenke v. Saint Joseph's University. No. 2:19-cv-04731. Pennsylvania Eastern District Court. 8 January 2021.
Molloy, Kevin. Appeals Court Reinstates Fired LGBTQ Church Worker’s Discrimination Lawsuit. 6 October 2020.
—. Lesbian Employee Sues St. Joseph’s University Over Discrimination and Harassment. 11 February 2020. <https://www.newwaysministry.org/2020/02/11/lesbian-employee-sues-st-josephs-university-over-discrimination-and-harassment/>.
Needham, Lisa. The Supreme Court Fails LGBTQ and Disabled Students in Ruling. 7 July 2020. <https://rewirenewsgroup.com/article/2020/07/07/the-supreme-court-fails-lgbtq-and-disabled-students-in-ruling/>.
Our Lady of Guadalupe School v. Morrissey-Berru. No. 591. Supreme Court of the United States. 2020.
Shine, Robert. Experts Warn of Consequences for LGBTQ Church Workers After Supreme Court Ruling. 11 July 2020. <https://www.newwaysministry.org/2020/07/11/experts-warn-of-consequences-for-lgbtq-church-workers-after-supreme-court-ruling/>.