The constitutional issue in Hosanna-Tabor.

The facts and the constitutional issue in Hosanna-Tabor:
Perich filed a charge with EEOC in which she claimed that her employment had been terminated, which violated the Americans with Disabilities Act. On the other hand, EEOC brought charges against Perich’s employer, Hosanna-Tabor. It alleged that Perich had been fired because of her retaliation to file a lawsuit against Hosanna-Tabor. Hosanna-Tabor invoked the ministerial case. In addition, Hosanna-Tabor argued that the First Amendment had barred the suit because the claims against Hosanna-Tabor concerned employment association and a religious institution and one of its associates.
Moreover, the Free Exercise Clauses of the First Amendment and its establishments prevent suits on behalf of religious ministers, asserting termination in violation of laws dealing with employment discrimination. Besides, the first amendment offers a section that states that congress has no mandate to make laws regarding the establishment of religion or that which prohibits religions from performing the free exercise thereof. The court eventually established and offered a summary judgement that favoured Hosanna-Tabor because it recognized the presence of ministerial exception embedded in the First Amendment while making a conclusion that Perich never qualified to be a minister due to the exception. This shows that the court relied on the government’s opinion, interfering with the abilities of the church to select its ministers in the context of church disputes and property. Thus, the court confirms that it does not allow for the government to act in contradiction to the church’s determination of its ministers.
The ministerial exception extends the purpose of the first amendment establishment and free exercise clauses. Therefore, ministerial exception bars legal suits against the religious institutions by their employees who perform religious duties. Moreover, the rationale of ministerial exception is to shield the church and other pastoral ministers on the decisions it makes on its leadership against inappropriate governmental influences that the first amendment prohibits. It is applied in this case because the free exercise clause acts to reserve the right of the US citizens to uphold religious beliefs and religious activities and protect the religious expression of opinions and practices. Therefore, ministerial exceptions are used to protect religious belief and actions, too, because such decisions are made on behalf of the religious beliefs. In this case, ecclesiastical exceptions seem to allow for violation of laws since the offence is made for religious purposes, and the court protects such breach about the first amendment and free exercise clauses. Besides, suppose the court imposes an unwanted minister. In that case, it infringes the ministerial exception and the Free Exercise Clause that protects religious institutions’ rights to mould their faith and mission on their appointments.

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