CalEmployeeRights

Ministerial Exception Bars Fired Minster’s Claims

       A former minister was barred by the ministerial exception from pursuing his claims for statements made by his church to the congregation that the homosexual pastor was fired for engaging in “sinful” conduct. In Gunn v. Mariners Church, Inc. (2008) __Cal.App.4th___ (G038445), the court of appeals affirmed the lower court’s decision granting the religious employer, Mariners Church’s motion for summary judgment against Robert Gunn, a former worship director at the church.

       The church terminated Gunn upon discovering his sexual orientation and then proceeded to make statements about the termination to church staff and congregation. The day after the termination, some of the senior church leaders announced to the congregation that Gunn had been terminated due to his “sinful” conduct, had suffered “a breakdown in character” and was a “broken man.” Gunn sued the church for intentional infliction of emotion distress, defamation and invasion of privacy.

Religion Not A Shield For Discrimination

              In North Coast Women’s Care Medical Group v. Superior Court (2008) ___ Cal.4th ___ (S142892), the California Supreme Court addressed whether freedom of religion found in the First Amendment could shield a doctor from discrimination. The Court held that the first amendment is not a shield to discrimination. While this is not an employment case, it deals with discrimination and may have some relevance to employment cases down the road.