Abstract
The ministerial exception is generally seen as safeguarding the autonomy of religious institutions in employment decisions, but does it also serve as a roadblock to religious freedom? The recent dismissal of the gender discrimination lawsuit by Rev. Dr. Eboni Marshall Turman against the historic Abyssinian Baptist Church calls into question whether the breadth of the exception promotes religious freedom in all contexts. This article argues that the ministerial exception, although designed to protect religious autonomy, may paradoxically undermine that very autonomy when applied to faith communities, like Abyssinian, that have voluntarily embraced anti-discrimination as part of their theology and praxis. These religious communities view the dismantling of oppressive systems as a sacred obligation. As a result, they do not seek immunity from the laws that do this dismantling work because to do so would run afoul of their religious beliefs.
Winnifred Sullivan explains that “religious freedom, affirmatively understood, must mean something like the freedom not to be free, in ways not already constrained . . . .” Therefore, when a religious denomination voluntarily commits to upholding anti-discrimination laws, we must also view this choice as an exercise of religious freedom. This article outlines the key features of organizations that adhere to a theology of anti-discrimination. It then uses limited case studies to demonstrate how this theology functions. Finally, it proposes a contextual approach to the ministerial exception—one that respects not only the right of religious institutions to resist state interference, but also their right to embrace it when doing so reflects their deepest convictions.
Recommended Citation
Brooke Girley,
The Freedom to be Bound: Anti-discrimination Theology and the Ministerial Exception,
21
Nw. J. L. & Soc. Pol'y.
189
(2026).
https://scholarlycommons.law.northwestern.edu/njlsp/vol21/iss2/2
