| − | {{cquote|Although the Funeral Home has not waived the ministerial-exception defense by failing to raise it, see Conlon, 777 F.3d at 836 (holding that private parties may not "waive the First Amendment's ministerial exception" because "[t]his constitutional protection is ... structural"), we agree with the Funeral Home that the exception is inapplicable here. | + | {{cquote|Although the Funeral Home has not waived the ministerial-exception defense by failing to raise it, see ''Conlon'', 777 F.3d at 836 (holding that private parties may not "waive the First Amendment's ministerial exception" because "[t]his constitutional protection is ... structural"), we agree with the Funeral Home that the exception is inapplicable here. |
| − | As we made clear in ''Conlon'', the ministerial exception applies only to "religious institution[s]." Id. at 833. While an institution need not be "a church, diocese, or synagogue, or an entity operated by a traditional religious organization," id. at 834 (quoting Hollins, 474 F.3d at 225), to qualify for the exception, the institution must be "marked by clear or obvious religious characteristics," id. at 834 (quoting Shaliehsabou v. Hebrew Home of Greater Wash., Inc., 363 F.3d 299, 310 (4th Cir. 2004)). In accordance with these principles, we have previously determined that the InterVarsity Christian Fellowship/USA ("IVCF"), "an evangelical campus mission," constituted a religious organization for the purposes of the ministerial exception. See id. at 831, 833. IVCF described itself on its website as "faith-based religious organization" whose "purpose 'is to establish and advance at colleges and universities witnessing communities of students and faculty who follow Jesus as Savior and Lord.'" Id. at 831 (citation omitted). In addition, IVCF's website notified potential employees that it has the right to "hir[e] staff based on their religious beliefs so that all staff share the same religious commitment." Id. (citation omitted). Finally, IVCF required all employees "annually [to] reaffirm their agreement with IVCF's Purpose Statement and Doctrinal Basis." Id.}} | + | As we made clear in ''Conlon'', the ministerial exception applies only to "religious institution[s]." ''Id.'' at 833. While an institution need not be "a church, diocese, or synagogue, or an entity operated by a traditional religious organization," id. at 834 (quoting ''Hollins'', 474 F.3d at 225), to qualify for the exception, the institution must be "marked by clear or obvious religious characteristics," id. at 834 (quoting ''Shaliehsabou v. Hebrew Home of Greater Wash., Inc.,'' 363 F.3d 299, 310 (4th Cir. 2004)). In accordance with these principles, we have previously determined that the InterVarsity Christian Fellowship/USA ("IVCF"), "an evangelical campus mission," constituted a religious organization for the purposes of the ministerial exception. See id. at 831, 833. IVCF described itself on its website as "faith-based religious organization" whose "purpose 'is to establish and advance at colleges and universities witnessing communities of students and faculty who follow Jesus as Savior and Lord.'" Id. at 831 (citation omitted). In addition, IVCF's website notified potential employees that it has the right to "hir[e] staff based on their religious beliefs so that all staff share the same religious commitment." Id. (citation omitted). Finally, IVCF required all employees "annually [to] reaffirm their agreement with IVCF's Purpose Statement and Doctrinal Basis." Id.}} |