Saturday, January 20, 2007

Been There, Done That

I was intrigued to discover that Southwestern has already faced the issue of whether federal anti-discrimination law applies to the school...and triumphed.

The 1981 federal case EEOC v. Southwestern Baptist Theological Seminary established that faculty at Southwestern are essentially the same as pastors, and merit the same treatment under the law as pastors serving in local churches—the so-called "ministerial exception" from the earlier case McClure v. Salvation Army. Title VII therefore does not apply to Southwestern's faculty.

It is difficult to find a more pertinent precedent than the exact same question involving the exact same institution.

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