Religious Employment and Title VII: Part 4—Avoiding Serious Constitutional Problems

Religious Employment and Title VII: Part 4—Avoiding Serious Constitutional Problems

In this fourth post on our recently published article, we explain how a textualist reading of Section 702 avoids serious constitutional questions under Title VII. Church Autonomy The First Amendment Religion Clauses guarantee a religious organization autonomy "with respect to internal management decisions that are essential to the institution's central mission." Included within that autonomy are decisions about who will lead the organization, th…