Miller v. Bay View United Methodist Church

• Decision Date: 31 March 2001
• Docket Number: No. 99-C-0676.,99-C-0676.
• Citation: 141 F.Supp.2d 1174
• Parties: Leela P. MILLER, Plaintiff, v. BAY VIEW UNITED METHODIST CHURCH, INC., A Wisconsin non-profit corporation, Defendant.
• Court: U.S. District Court — Eastern District of Wisconsin

Page 1174

141 F.Supp.2d 1174

Leela P. MILLER, Plaintiff, v. BAY VIEW UNITED METHODIST CHURCH, INC., A Wisconsin non-profit corporation, Defendant.

No. 99-C-0676.

United States District Court, E.D. Wisconsin.

March 31, 2001.

Paul D. Lawent, Alan D. Eisenberg, Attorneys at Law, Law Offices of Alan D. Eisenberg, Milwaukee, WI, for Plaintiff.

Michael J. Cohen, William T. Stuart, Attorneys at Law, Meissner Tierney Fisher & Nichols, Milwaukee, WI, for Defendant.

MEMORANDUM AND ORDER

GORENCE, United States Magistrate Judge.

On June 17, 1999, the plaintiff, Leela P. Miller, an African-American woman, filed this action against Bay View United Methodist Church (Bay View Church) alleging racial discrimination. The plaintiff alleges that the defendant terminated her employment as Bay View Church's Music Director and Choir Director because of her race in violation of Title VII of the Civil Rights Acts of 1964, 42 U.S.C.A. § 2000e, as amended. The plaintiff seeks lost wages and other compensation.

The court has potential jurisdiction over this action pursuant to 28 U.S.C. § 1331 because the matter arises under federal statutes. Venue is proper under 28 U.S.C. § 1391. The case was assigned according to the random assignment of civil cases pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 13.03 (E.D.Wis.). The parties have consented to United States magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c) and Local Rule 13.05(a) (E.D.Wis.).¹

Defendant Bay View Church has filed a motion to dismiss the action for lack of subject matter jurisdiction under the Free Exercise Clause and the Establishment Clause of the First Amendment. In opposition to the motion, the plaintiff contends that the defendant's termination of her employment is not exempted from the provisions of Title VII, nor is it exempted from review by the court under the First Amendment. The plaintiff contends that her position at defendant Bay View Church was not ecclesiastical or ministerial in nature so as to preclude the court's subject matter jurisdiction over the action.

At the outset, the court notes that in its motion to dismiss for lack of subject matter jurisdiction, the defendant cites Rules 12(h)(3) and 56 of the Federal Rules of Civil Procedure and Local Rule 6 (E.D.Wis.). Rule 12(h)(3) of the Federal Rule of Civil Procedure state "[w]henever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action."

However, a Rule 56 motion for summary judgment is not an appropriate method for challenging subject matter jurisdiction. See 5A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure Civil 2d § 1350 at 206-209 (1990); Winslow v. Walters, 815 F.2d 1114, 1116 (7th Cir.1987). "Whereas a grant of summary judgment is a decision on the merits, see Winslow v. Walters, 815 F.2d 1114, 1116 (7th Cir.1987), a court must dismiss the case without ever reaching the merits if it concludes that it has no jurisdiction." Capitol Leasing Co. v. F.D.I.C., 999 F.2d 188 (7th Cir.1993) (citing Shockley v. Jones, 823 F.2d 1068, 1070 n. 1 [7th Cir. 1987]); see generally, Exchange National Bank v. Touche Ross & Co., 544 F.2d 1126, 1130-1131 (2nd Cir.1976) (discussing relationship between Rules 12[b][1] and 56).

It is well established that the "district court may properly look beyond the jurisdictional allegations of the complaint and view whatever evidence has been submitted on the issue to determine whether in fact subject matter jurisdiction exists." Capitol Leasing Co., 999 F.2d at 191 (quoting Grafon Corp. v. Hausermann, 602 F.2d 781, 783 [7th Cir.1979]). Thus, the court will consider the affidavits and other evidentiary materials submitted by the parties in conjunction with the instant motion. Furthermore, the court notes that it must accept all well-pleaded factual allegations as true and draw reasonable inferences in favor of the plaintiff. See Capitol Leasing Co., 999 F.2d at 191 (regarding motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12[b][1]).

In light of the foregoing, the defendant's motion will not be treated as a motion for summary judgment. Rather, the court will treat the defendant's motion as a motion to dismiss for lack of subject matter jurisdiction.

Relevant Facts²

Bay View Church is a local parish of the United Methodist Church which has been in existence in Milwaukee since 1868. (Affidavit of Pastor Lowell Bartel [Bartel Aff.] ¶ 2). The United Methodist Church is a Christian-based religious organization that began in England in 1729. (Bartel Aff. ¶ 3). The United Methodist Church's beliefs are grounded in the mainstream Christian principles that God exists, that Jesus Christ came to this earth to spread God's word, and that the members of the church can seek to create a closer relationship with God and Jesus by engaging in the study of scripture and sharing community worship services. (Bartel Aff. ¶ 3).

The Bay View Church Staff-Parish Relations Committee, which is comprised of approximately nine congregational members who volunteer for three-year terms, makes all employment decisions on behalf of the defendant. The committee makes decisions based on the majority vote of the members. (Bartel Aff. ¶ 8). It and other committees that run the day-to-day operations of Bay View Church report to the Administrative Council, which is Bay View Church's main governing body. The Administrative Council oversees all aspects of the defendant's operations, but did not have any role in the hiring or firing of the plaintiff. (Bartel Aff. ¶ 8).

Bay View Church's current congregation consists of approximately 500 members. (Bartel Aff. ¶ 3). Although Bay View Church's members organize and attend a variety of community activities at the church, the main gathering for the congregation members, like that of most churches, are two weekly worship services on Sunday mornings. (Bartel Aff. ¶ 4). The worship services are the times when the congregation members gather together for the purpose of renewing their beliefs and establishing their relationship with God. (Bartel Aff. ¶ 4). The structure and order of the worship services are determined by the pastor of the parish who is responsible for coordinating the elements of scripture, music, word, and prayer into a meaningful spiritual experience for those congregation members gathered. (Bartel Aff. ¶ 4).

At the time of the plaintiff's hire, the defendant had two choirs, the Chancel Choir and the Contemporary Christian Choir. (Bartel Aff. ¶ 5). The choirs were specifically formed only to participate in the Sunday worship services and participation in the choirs was completely voluntary. (Bartel Aff. ¶ 6).

In April 1997, the plaintiff was hired by defendant Bay View Church as the choir director and music director for its Sunday worship services. (Affidavit of Leela P. Miller [Miller Aff.] ¶ 2); (Bartel Aff. ¶ 5). The plaintiff was a member of the Christian Methodist Episcopal Church and a self-proclaimed "religious" and "spiritual" person. (Affidavit of William T. Stuart [Stuart Aff.] ¶ 4, Exh. C, Deposition of Leela P. Miller [Miller Dep.] at 58).

Prior to being hired by the defendant, the plaintiff went through an interview process with a special selection committee consisting of three members of the Chancel Choir. (Bartel Aff. ¶ 7). The selection committee was charged with the task of interviewing applicants and forwarding recommendations to the Staff-Parish Relations Committee, which made the ultimate decision to hire the plaintiff. (Bartel Aff. ¶ 7). During the interviewing process, the plaintiff's responsibilities as the choir director and music director for the defendant were described as leading the Chancel Choir and the Contemporary Christian Choir. (Miller Aff. ¶ B).

During the plaintiff's interview with the selection committee, she was told her basic job responsibilities were to choose appropriate musical selections for the Sunday worship services and to prepare and direct the choirs in leading the congregation in song. (Affidavit of Juanita Schaefer [Shaefer Aff.] ¶ 4). Additionally, the committee members explained to the plaintiff that she was expected to research the religious themes of the upcoming services in religious books in the defendant's small music library and to select music that coincided with the religious themes and meanings of that particular service. (Schaefer Aff. ¶ 4). The selection committee informed the plaintiff that she was expected to select the music for a particular service at least three weeks in advance to allow time for the choirs to practice the music for the worship service. (Schaefer Aff. ¶ 4).

The selection committee also provided the plaintiff with copies of job descriptions for the positions of Chancel Choir Director and Director of Music at the time of her interview. (Shaefer Aff. ¶ 5). The printed job description for Chancel Choir Director contains a section entitled "Responsibilities and Expectations." (Schaefer Aff. ¶ 5, Exh. A). Such responsibilities and expectations include: "Conduct and lead weekly rehearsals," "Conduct and lead choir in anthems, weekly at the second service," "Prepare Choir to lead congregation in Hymns," "Select and prepare music well in advance of presentation," and "Where possible music to fit the liturgy and or the lectionary," and "Purchase music with the established budget." (Shaefer Aff. ¶ 5, Exh. A at 1 [unnumbered]). The "Policy" section of the Chancel Choir Director job description states that Music in Worship rests upon the following "music ministry keys:" a) variety is essential, b) quality expected, c) ministry, not performance, and d) members are more important than gorgeous music. (Shaefer Aff. ¶ 5, Exh. A at 1).

The "Policy" section of the Director of Music job description has the same "Music in Worship" elements, except in reference to the Contemporary Christian Choir. The ...