Wash. Supreme Court published opinion — 961328.pdf

Citation: Wash. Supreme Court published opinion — 961328.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/961328.pdf ↗

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choice should be forewarned that today’s decision bars redefining every aspect of

work life as “ministerial.” This court, like the United States Supreme Court, will

insist that trial courts carefully evaluate claims that a particular employee who is

not a traditional minister should nevertheless be reclassified, in hindsight, as a

minister. In the case of lawyers licensed by the state, subject to the Rules of

Professional Conduct, and obligated to let the client define the goal of the

representation, such a claim will likely be difficult to prove.

3
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Woods v. Seattle’s Union Gospel Mission, No. 96132-8
(Yu, J., concurring)

Because this case is remanded for further proceedings, I write to offer

guidance on the application of the “ministerial exception” as outlined in Hosanna-

Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity

Commission, 565 U.S. 171, 132 S. Ct. 694, 181 L. Ed. 2d 650 (2012), and further

developed in Our Lady of Guadalupe Sch. v. Morrissey-Berru, ___ U.S. ___, 140

S. Ct. 2049, 207 L. Ed. 2d 870 (2020).

The task of reviewing whether any specific job falls within the ministerial

exception remains an important judicial function; a charge that will require

scrutiny of the actual job functions and the religious institution’s explanation of the

role. See Our Lady of Guadalupe Sch., 140 S. Ct. at 2066. The United States

Supreme Court “called on courts to take all relevant circumstances into account

and to determine whether each particular position implicated the fundamental

purpose of the exception.” Id. at 2067 (citing Hosanna-Tabor, 565 U.S. at 190).

And the fundamental purpose of the exception is to respect matters of faith and