When a seminary or other religious academic institution offers its professors tenure in an employment contract, does it mean anything?
Lexington Theological Seminary professor Jimmy Kirby, who was dismissed despite having tenure, believes it should and that courts should require his contract to be honored. The Seminary argues that courts can't get involved in spiritual employment matters. The Louisville Courier-Journal reports that the Kentucky Appeals Court has agreed to hear the case, and is considering adding another, similar claim.
The U.S. Supreme Court has for decades recognized the right of religious institutions to hire and fire their ministers, since they define and teach their faith.
“In the last 15 years or so, churches and religious schools have argued for a very broad definition of who counts as a minister or ministerial employee,” said Sam Marcosson, a professor at the University of Louisville Brandeis School of Law who specializes in constitutional issues.
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“Obviously with somebody who has the title “Reverend” or “Rabbi,” that comes squarely within the ministerial exemption,” Marcosson said. But with other employees, “That's where the harder questions come in.”
The Courier-Journal piece notes that a case the Supreme Court has recently agreed to take on, involving a teacher in a Michigan religious school, may have a lot to say about the outcome here.
