ERLC brief urges court to rehear ministerial exception case
WASHINGTON (BP)—The Southern Baptist Convention’s religious freedom entity and other faith organizations urged a federal appeals court to reconsider its application of the “ministerial exception” rulings by the U.S. Supreme Court in cases involving employment decisions by churches and other religious institutions.
The Ethics & Religious Liberty Commission was among the groups that filed a friend-of-the-court brief Oct. 13 that called on the entire Seventh Circuit Court of Appeals in Chicago to rehear a case in which a three-judge panel ruled in favor of a music director who was fired by a Catholic church.
The brief asserted the 2-1 decision by the appeals court panel “mandates extraordinary secular interference with core ecclesiastical judgments.”
In their brief, the ERLC and the other signers contended the Seventh Circuit panel’s opinion offers a “cramped conception of the ministerial exception” that the Supreme Court “has expressly rejected.”
The high court doctrine expressed in a 2012 ruling and reaffirmed in a decision this July applies to certain employees “because their job entails exemplifying their faith and performing core religious duties,” according to the brief.
“Judicial scrutiny of the employment relationship between a religious group and its ministers inevitably invites unconstitutional interference with religious groups’ self-governance, no matter what kind of employment claim is involved.”
Former employee claimed hostile work environment
The Seventh Circuit panel’s Aug. 31 decision involved a hostile work environment claim by Sandor Demkovich, who was hired in 2012 as the music director at St. Andrew the Apostle Parish, a Catholic church in Calumet City, Ill., and fired in 2014.
Demkovich, who had been in a same-sex relationship more than a decade, was overweight and had diabetes and an array of physical conditions known as metabolic syndrome, the court opinion reported. He said his supervisor at the church “subjected him to a hostile work environment based on his sexual orientation and his disabilities,” according to the opinion.
When Demkovich married his long-time male partner, the supervisor called for the music director’s resignation because the union violated Catholic doctrine. When he refused to resign, the supervisor fired Demkovich.
In its opinion, the Seventh Circuit panel said the fact Demkovich’s complaint regarded his treatment and not his firing means the Supreme Court’s 2012 Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC decision does not cover his case.
The high court ruled unanimously in the Hosanna-Tabor opinion a “ministerial exception” exists that enables churches and other religious institutions to hire and fire based on their beliefs.
In explaining its ruling, the panel said the First Amendment clause guaranteeing the free exercise of religion “does not bar all hostile environment claims by ministerial employees.”
The panel described the threat of “procedural entanglement in such cases is modest because religious organizations have no generalized claim to immunity from litigation or regulation.”
It also acknowledged “some risk of substantive entanglement” in cases involving claims of hostile work environments, “but that risk does not appear so severe that all such claims must be dismissed.”
Brief argues against ‘judicial second-guessing’
The brief filed by the ERLC and others asserted, however, workplace hostility claims attract particularly severe interference by the government in spiritual issues. Such claims “place the entire employment relationship under a judicial microscope,” according to the brief.
The Seventh Circuit panel also misunderstood the “ministerial exception” to require “a claim-by-claim inquiry into whether religious groups need leeway over particular types of employment actions to fulfill their ecclesiastical missions,” the brief said. “The Supreme Court instead treats the exception as prohibiting interference in the whole employment relationship between religious groups and their ministers.
“Because judicial second-guessing of religious groups’ hiring and firing decisions necessarily intrudes upon matters of internal church governance, judicial second-guessing of other facets of the employment relationship—including informal communications—necessarily raises similar concerns,” according to the brief.
In addition to the ERLC, organizations signing onto the brief were the Assemblies of God (USA), Church of God in Christ, General Conference of Seventh-day Adventists, Jewish Coalition for Religious Liberty, Church of Jesus Christ of Latter-day Saints and the International Society for Krishna Consciousness.
The Supreme Court reiterated its support for a “ministerial exception” in July with a 7-2 decision in Our Lady of Guadalupe School v. Morrissey-Berru. Both the Hosanna-Tabor and Our Lady of Guadalupe School cases involved the firing of teachers. The ERLC signed onto briefs in support of a “ministerial exception” in both cases when they were before the Supreme Court.
The ERLC and the other signers also asked the Seventh Circuit Court to grant its motion to file the brief. Demkovich did not consent to its filing.





Katherine Dawn Holster of Levelland, educator and pastor’s wife, died Sept. 29. She was 63. She was born in Tucumcari, N.M., on Nov. 23, 1956, to H. Don and Joan Smith. She graduated from Robertson High School in Las Vegas, N.M., in 1974. She attended college at West Texas State University and graduated magna cum laude in 1978 with a Bachelor of Science degree and a certificate in secondary education. She married Michael Holster on July 29, 1978, in Canyon. She served faithfully as the wife of a minister as her husband served churches in Hobbs, O’Donnell, Slaton, Memphis, Floydada and Midland, and for the past 17 years, Second Baptist Church Levelland. Holster was devoted to making disciples and to teaching the Bible, serving as Sunday school teacher, Vacation Bible School leader and Bible Drill instructor. She baked countless casseroles and loaves of bread to serve those in need. She was an educator and a life-long learner who believed math is the foundation for problem-solving and critical thinking. She taught in the Amarillo, Tulia, Floydada, Stanton, Greenwood and Levelland school districts. Holster obtained her master’s degree in education from Wayland Baptist University in 2006, and she served on faculty in the mathematics department at South Plains College for 14 years, retiring in 2017. She loved reading, baking, going on nature walks and making crafts with her grandchildren. She was preceded in death by a sister, Della Boley. She is survived by her husband of 42 years, Michael Holster; son, Scot Holster and wife Mindy Michelle of Abilene; son, Sean Holster and wife Mindy Alaine of Brenham; five grandchildren; mother, Joan Smith of Levelland; sister, Donna Hinders of Los Lunas, N.M.; and brother, Robert Smith of Okmulgee Okla. In lieu of flowers, donations may be made to the lighting fund at Second Baptist Church, Levelland, South Plains College Scholarship Foundation, or to the charity of choice.



Howard Payne University will host a Micah 6:8 Conference sponsored by the Texas Baptist Christian Life Commission on Oct. 26-27. In-person attendance will be limited to HPU students, faculty and staff, as well as residents of the Brownwood area. Social distancing and masks will be required, and attendees will be screened. Other registrants can view the event via a livestream link. The conference will explore how the COVID-19 pandemic has affected social justice issues, including access to health care, heightened food insecurity, as well as examining ways critical needs can be met. Speakers include Katie Frugé, director of hunger and care ministries for the CLC; Chaplain Mark Grace, chief of mission and ministry for Baylor Scott & White; Kathryn Freeman, a writer and advocate; Jeremy Everett, founder and executive director of the Baylor Collaborative on Hunger and Poverty; and Michael A. Evans Jr., CLC director of public policy. The conference is offered at no cost to participants, but advance registration is required. Click
Gordon T. Smith, president of Ambrose University and Seminary in Calgary, Canada, is the keynote speaker for the B.H. Carroll Theological Institute’s Frank and Pauline Patterson Fall Colloquy. All of the sessions Nov. 9-10 will be conducted via Zoom videoconferencing due to the COVID-19 pandemic. Smith is the author of 16 books on the Holy Spirit, ministerial leadership, and Christian spirituality in a secular age, including the soon-to-be-released Come Holy Spirit Come: The Spirit in Creation, the Church and the Christian. “The Times, They Are A-Changin’” is the colloquy theme. In the first session, Smith will address the secular age and the problems and opportunities presented to Christians. The second session will feature a presentation on sustaining the scholarly vocation in changing times. The third session will address the Christian’s necessary hopefulness in a time of change. Also at the fall colloquy, Margie Clayton, the latest Ph.D. graduate of B.H. Carroll Theological Institute, will present her doctoral dissertation. There is no cost for online participants. To register, click 

In February, 20 percent of Protestant churches had crowds topping 250 people. In September, only 6 percent drew attendance levels that high.
The survey of 1,007 Protestant pastors was conducted Sept. 2–Oct. 1, 2020, using both phone and online interviews. For phone interviews, the calling list was a stratified random sample, drawn from a list of all Protestant churches. Quotas were used for church size. For online interviews, invitations were emailed to the LifeWay Research Pastor Panel followed by three reminders. This probability sample of Protestant churches was created by phone recruiting by LifeWay Research using random samples selected from all Protestant churches. Pastors who agree to be contacted by email for future surveys make up this LifeWay Research Pastor Panel.
