United States Second Circuit

In a Title VII suit instituted by a Catholic priest against a bishop and a diocese alleging racial discrimination in a denial of a promotion and tyhe termination of his employment, dismissal of the complaint for lack of jurisdiction is affirmed where: 1) Hankins v. Lyght, 441 F.3d 96 (2d Cir. 2006), is deemed inapplicable due to defendants' explicit waiver of any defense based on a violation of Religious Freedom Restoration Act; and 2) Title VII is unconstitutional as applied to the case as the nature of plaintiff's employment as an ordained priest precluded his claims against the defendant under the ministerial exception.

Appellate Information

• Decided 03/21/2008
• Published 03/21/2008

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before: CARDAMONE, WALKER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Norman A. Pattis, Bethany, Conn., for Plaintiffs-Appellants., Michael L. Costello, Tobin & Dempf (Mark E. Chopko, Jeffrey Hunter Moon, United States Conference of Catholic Bishops, Wash., D.C., on the brief), Albany, N.Y., for Amici Curiae the Salvation Army National Corporation, the General Council on Finance and Administration of the United Methodist Church, the Church of Jesus Christ of Latter-Day Saints, the Lutheran Church-Missouri Synod, the International Church of the Foresquare Gospel, the General Conference of Seventh-Day Adventists, and the United States Conference of Catholic Bishops.


• For Appellees:
  
• Meredith G. Diette, Brown Jacobson P.C., Norwich, Conn., for Defendants-Appellees.