The Ninth U.S. Circuit Court of Appeals ruled that the ministerial exception applies to the Union of Orthodox Jewish Congregations of America (OU) in a lawsuit filed by Yaakov Markel, a mashgiach (kosher supervisor). Markel alleged unpaid overtime and unmet promises of promotion and wage increases, arguing that the claims involved secular matters.
Circuit Judge Ryan D. Nelson, writing for the majority, affirmed the lower court's decision that the OU is a religious institution, and the role of a mashgiach qualifies as ministerial. The court held that the ministerial exception, grounded in the First Amendment, bars Markel’s claims, as his work was essential to OU’s religious mission of kosher certification. The court emphasized that delineating religious and secular decisions within religious institutions could lead to unconstitutional entanglement between church and state.
The ruling also extended the ministerial exception to protect individual defendants, such as Rabbi Nachum Rabinowitz, from employment-related claims brought by ministerial employees. Circuit Judge Gabriel P. Sanchez concurred with the outcome but disagreed that the exception could apply to purely secular disputes.
The case underscores the constitutional principle that religious institutions’ decisions, even if appearing secular, are often intertwined with religious doctrine and are thus shielded from judicial interference under the ministerial exception. The decision is significant in defining the scope of the ministerial exception within religious organizations providing services for profit.
