Our Lady of Guadalupe Sch. v. Morrissey-Berru

• Citation: 207 L.Ed.2d 870,140 S.Ct. 2049
• Decision Date: 08 July 2020
• Docket Number: 19-348,No. 19-267,19-267
• Parties: OUR LADY OF GUADALUPE SCHOOL, Petitioner v. Agnes MORRISSEY-BERRU; St. James School, Petitioner v. Darryl Biel, as Personal Representative of the Estate of Kristen Biel
• Court: United States Supreme Court

140 S.Ct. 2049

207 L.Ed.2d 870

OUR LADY OF GUADALUPE SCHOOL, Petitioner

v.Agnes MORRISSEY-BERRU;

St. James School, Petitioner

v.Darryl Biel, as Personal Representative of the Estate of Kristen Biel

No. 19-267

19-348

Supreme Court of the United States.

Argued May 11, 2020

July 8, 2020

Eric C. Rassbach, Washington, D.C., for Petitioners.

Morgan L. Ratner for the United States as amicus curiae, for Petitioners.

Jeffrey L. Fisher, Menlo Park, CA, for Respondents.

Margaret G. Graf, Roman Catholic Archdiocese of Los Angeles, 3424 Wilshire Blvd., Los Angeles, CA, Eric C. Rassbach, Daniel H. Blomberg, Diana M. Verm, Adéle Auxier Keim, The Becket Fund for Religious Liberty, 1200 New Hampshire, Ave., N.W., Suite 700, Washington, D.C., John J. Manier, Linda Miller Savitt, Stephanie Kantor, Ballard Rosenberg, Golper & Savitt, LLP, 15760 Ventura Blvd., 18th Floor, Encino, CA, Jack S. Sholkoff, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 400 South Hope Street, Suite 1200, Los Angeles, CA, for Petitioners.

Jeffrey L. Fisher, O'Melveny & Myers LLP, 2765 Sand Hill Road, Menlo Park, CA 94025, Bradley N. Garcia, O'Melveny & Myers LLP, 1625 Eye Street, NW, Washington, DC 20006, Yaira Dubin, O'Melveny & Myers LLP, 7 Times Square, New York, NY 10036, Jennifer A. Lipski, Counsel of Record, Joseph M. Lovretovich, Cathryn G. Fund, Jml Law, 5855 Topanga Canyon, Blvd., Suite 300, Woodland Hills, CA, for Respondents.

Justice ALITO delivered the opinion of the Court.

These cases require us to decide whether the First Amendment permits courts to intervene in employment disputes involving teachers at religious schools who are entrusted with the responsibility of instructing their students in the faith. The First Amendment protects the right of religious institutions "to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine." Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America , 344 U.S. 94, 116, 73 S.Ct. 143, 97 L.Ed. 120 (1952). Applying this principle, we held in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC , 565 U.S. 171, 132 S.Ct. 694, 181 L.Ed.2d 650 (2012), that the First Amendment barred a court from entertaining an employment discrimination claim brought by an elementary school teacher, Cheryl Perich, against the religious school where she taught. Our decision built on a line of lower court cases adopting what was dubbed the "ministerial exception" to laws governing the employment relationship between a religious institution and certain key employees. We did not announce "a rigid formula" for determining whether an employee falls within this exception, but we identified circumstances that we found relevant in that case, including Perich's title as a "Minister of Religion, Commissioned," her educational training, and her responsibility to teach religion and participate with students in religious activities. Id. , at 190–191, 132 S.Ct. 694.

In the cases now before us, we consider employment discrimination claims brought by two elementary school teachers at Catholic schools whose teaching responsibilities are similar to Perich's. Although these teachers were not given the title of "minister" and have less religious training than Perich, we hold that their cases fall within the same rule that dictated our decision in Hosanna-Tabor . The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission. Judicial review of the way in which religious schools discharge those responsibilities would undermine the independence of religious institutions in a way that the First Amendment does not tolerate.

I

A

The first of the two cases we now decide involves Agnes Morrissey-Berru, who was employed at Our Lady of Guadalupe School (OLG), a Roman Catholic primary school in the Archdiocese of Los Angeles. Excerpts of Record (ER) 58 in No. 17–56624 (CA9) (OLG).¹ For many years, Morrissey-Berru was employed at OLG as a lay fifth or sixth grade teacher. Like most elementary school teachers, she taught all subjects, and since OLG is a Catholic school, the curriculum included religion. App. 23, 75. As a result, she was her students’ religion teacher.

Morrissey-Berru earned a B. A. in English Language Arts, with a minor in secondary education, and she holds a California teaching credential. Id ., at 21–22. While on the faculty at OLG, she took religious education courses at the school's request, ER 41–ER 42, ER 44–ER 45, ER 276, and was expected to attend faculty prayer services, App. to Pet. for Cert. in No. 19–267, p. 87a.²

Each year, Morrissey-Berru and OLG entered into an employment agreement, App. 21,³ that set out the school's "mission" and Morrissey-Berru's duties. See, e.g ., id. , at 154–164.⁴ The agreement stated that the school's mission was "to develop and promote a Catholic School Faith Community," id. , at 154, and it informed Morrissey-Berru that "[a]ll [her] duties and responsibilities as a Teache[r were to] be performed within this overriding commitment." Ibid. The agreement explained that the school's hiring and retention decisions would be guided by its Catholic mission, and the agreement made clear that teachers were expected to "model and promote" Catholic "faith and morals." Id. , at 155. Under the agreement, Morrissey-Berru was required to participate in "[s]chool liturgical activities, as requested," ibid. , and the agreement specified that she could be terminated "for ‘cause’ " for failing to carry out these duties or for "conduct that brings discredit upon the School or the Roman Catholic Church." Id. , at 155–157. The agreement required compliance with the faculty handbook, which sets out similar expectations. Id ., at 156; App. to Pet. for Cert. in No. 19–267, at 52a–55a. The pastor of the parish, a Catholic priest, had to approve Morrissey-Berru's hiring each year. Id. , at 14a; see also App. 164.

Like all teachers in the Archdiocese of Los Angeles, Morrissey-Berru was "considered a catechist," i.e. , "a teacher of religio[n]." App. to Pet. for Cert. in No. 19–267, at 56a, 60a. Catechists are "responsible for the faith formation of the students in their charge each day." Id ., at 56a. Morrissey-Berru provided religious instruction every day using a textbook designed for use in teaching religion to young Catholic students. Id ., at 45a–51a, 90a–92a; see App. 79–80. Under the prescribed curriculum, she was expected to teach students, among other things, "to learn and express belief that Jesus is the son of God and the Word made flesh"; to "identify the ways" the church "carries on the mission of Jesus"; to "locate, read and understand stories from the Bible"; to "know the names, meanings, signs and symbols of each of the seven sacraments"; and to be able to "explain the communion of saints." App. to Pet. for Cert. in No. 19–267, at 91a–92a. She tested her students on that curriculum in a yearly exam. Id ., at 87a. She also directed and produced an annual passion play. Id. , at 26a.

Morrissey-Berru prepared her students for participation in the Mass and for communion and confession. Id ., at 68a, 81a, 88a–89a. She also occasionally selected and prepared students to read at Mass. Id ., at 83a, 89a. And she was expected to take her students to Mass once a week and on certain feast days (such as the Feast Day of St. Juan Diego, All Saints Day, and the Feast of Our Lady), and to take them to confession and to pray the Stations of the Cross. Id ., at 68a–69a, 83a, 88a. Each year, she brought them to the Catholic Cathedral in Los Angeles, where they participated as altar servers. Id ., at 95a–96a. This visit, she explained, was "an important experience" because "[i]t is a big honor" for children to "serve the altar" at the cathedral. Id ., at 96a.

Morrissey-Berru also prayed with her students. Her class began or ended every day with a Hail Mary. Id ., at 87a. She led the students in prayer at other times, such as when a family member was ill. Id ., at 21a, 81a, 86a–87a. And she taught them to recite the Apostle's Creed and the Nicene Creed, as well as prayers for specific purposes, such as in connection with the sacrament of confession. Id ., at 20a–21a, 92a.

The school reviewed Morrissey-Berru's performance under religious standards. The " ‘Classroom Observation Report’ " evaluated whether Catholic values were "infused through all subject areas" and whether there were religious signs and displays in the classroom. Id. , at 94a, 95a; App. 59. Morrissey-Berru testified that she tried to instruct her students "in a manner consistent with the teachings of the Church," App. to Pet. for Cert. in No. 19–267, at 96a, and she said that she was "committed to teaching children Catholic values" and providing a "faith-based education." Id ., at 82a. And the school principal confirmed that Morrissey-Berru was expected to do these things.⁵

In 2014, OLG asked Morrissey-Berru to move from a full-time to a part-time position, and the next year, the school declined to renew her contract. She filed a claim with the Equal Employment Opportunity Commission (EEOC), received a right-to-sue letter, App. 169, and then filed suit under the Age Discrimination in Employment Act of 1967, 81 Stat. 602, as amended, 29 U.S.C. § 621 et seq. , claiming that the school had demoted her and had failed to renew her contract so that it could replace her with a younger teacher. App. 168–169. The school maintains that it based its decisions on classroom performance—specifically, Morrissey-Berru's difficulty in administering a new reading and writing program, which had been introduced by the school's new principal as part of an effort to maintain accreditation and improve the school's academic program. App. to Pet. for Cert. in No. 19–267, at 66a–67a, 70a, 73a.

Invoking the "ministerial...