Interesting Comments from Chip Lupu on Hosanna-Tabor

The Washington Post has a balanced article on the ministerial exemption and the upcoming Hosanna-Tabor case with some interesting comments from Professor Chip Lupu.  One thing Chip mentions that I had not thought about was that he expects the three female justices, Justices Ginsburg, Sotomayor, and Kagan, to vote for a narrow ministerial exemption (assuming that they vote for an exemption) for the reason that they will want to protect teachers in religious schools who are likely to be women.  I am not sure how these Justices would vote, but I think I agree with Chip that some or perhaps even all three of them are likely to vote for a narrow exemption.  For example, I think Justice Kagan’s dissent in Arizona v. Winn was some indication of her views of religion clause questions, though that case implicated EC issues, and these Justices’ views of the FEC is largely a mystery.  But I had not considered the particular reason that Chip offers.  But if this is a reason to vote against the ME, I don’t think it’s one which would apply to a variety of (perhaps even many) situations in which the ministerial exemption would otherwise apply.  Do others disagree with me?  — MOD [x-posted MOJ]

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