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The U.S. Supreme Court’s most recent church autonomy cases have focused on the ministerial exception to employment law. Hosanna-Tabor v. EEOC and Our Lady of Guadalupe v. Morrissey-Berru make it clear that the First Amendment forbids secular courts from hearing employment law claims, such as Title VII claims, that involve ministerial positions at religious organizations. These cases recognize that churches, synagogues, mosques, religious schools, and other religious organizations have a right to choose their own leaders and internal structures. This means, as Our Lady of Guadalupe held, that “courts are bound to stay out of employment disputes involving those holding certain important positions with churches and other religious institutions.” 

As we approach the 12-month anniversary of 14 days to slow COVID-19’s spread, several governors who early in the pandemic were trumpeted as heroes for shutting down their states—including halting religious worship—are facing serious backlash. Once the darlings of national media, each has been chastised by federal courts, their legislatures, or citizens growing weary of temporary restrictions that never seem to end.

A recent New York Times column suggested, among other things, the appointment of a cross-agency government task force to deal with disinformation headed by a “reality czar.” Apparently, George Orwell’s “1984” is no longer considered a cautionary tale, but for some has become an instruction manual.