Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission
AI Case Brief
Generate an AI-powered case brief with:
Estimated cost: $0.001 - $0.003 per brief
Full Opinion
delivered the opinion of the Court.
Certain employment discrimination laws authorize emÂployees who have been wrongfully terminated to sue their employers for reinstatement and damages. The question presented is whether the Establishment and Free Exercise Clauses of the First Amendment bar such an action when
I
A
Petitioner Hosanna-Tabor Evangelical Lutheran Church and School is a member congregation of the Lutheran Church â Missouri Synod, the second largest Lutheran deÂnomination in America. Hosanna-Tabor operated a small school in Redford, Michigan, offering a âChrist-centered eduÂcationâ to students in kindergarten through eighth grade. 582 F. Supp. 2d 881, 884 (ED Mich. 2008) (internal quotation marks omitted).
The Synod classifies teachers into two categories: âcalledâ and âlay.â âCalledâ teachers are regarded as having been called to their vocation by God through a congregation. To be eligible to receive a call from a congregation, a teacher must satisfy certain academic requirements. One way of doing so is by completing a âcolloquyâ program at a Lutheran college or university. The program requires candidates to take eight courses of theological study, obtain the endorseÂment of their local Synod district, and pass an oral examinaÂtion by a faculty committee. A teacher who meets these requirements may be called by a congregation. Once called, a .teacher receives the formal title âMinister of Religion, Commissioned.â App. 42, 48. A commissioned minister serves for an open-ended term; at Hosanna-Tabor, a call could be rescinded only for cause and by a supermajority vote of the congregation.
âLayâ or âcontractâ teachers, by contrast, are not required to be trained by the Synod or even to be Lutheran. At Hosanna-Tabor, they were appointed by the school board, without a vote of the congregation, to one-year renewable terms. Although teachers at the school generally perÂformed the same duties regardless of whether they were lay or called, lay teachers were hired only when called teachers were unavailable.
Perich taught kindergarten during her first four years at Hosanna-Tabor and fourth grade during the 2003-2004 school year. She taught math, language arts, social studies, sciÂence, gym, art, and music. She also taught a religion class four days a week, led the students in prayer and devotional exercises each day, and attended a weekly school-wide chapel service. Perich led the chapel service herself about twice a year.
Perich became ill in June 2004 with what was eventually diagnosed as narcolepsy. Symptoms included sudden and deep sleeps from which she could not be roused. Because of her illness, Perich began the 2004-2005 school year on disÂability leave. On January 27, 2005, however, Perich notified the school principal, Stacey Hoeft, that she would be able to report to work the following month. Hoeft responded that the school had already contracted with a lay teacher to fill Perichâs position for the remainder of the school year. Hoeft also expressed concern that Perich was not yet ready to reÂturn to the classroom.
On January 30, Hosanna-Tabor held a meeting of its conÂgregation at which school administrators stated that Perich was unlikely to be physically capable of returning to work that school year or the next. The congregation voted to offer Perich a âpeaceful releaseâ from her call, whereby the congregation would pay a portion of her health insurance premiums in exchange for her resignation as a called teacher. Id., at 178, 186. Perich refused to resign and produced a note from her doctor stating that she would be able to return to work on February 22. The school board urged Perich to
On the morning of February 22 â the first day she was medically cleared to return to work â Perich presented herÂself at the school. Hoeft asked her to leave but she would not do so until she obtained written documentation that she had reported to work. Later that afternoon, Hoeft called Perich at home and told her that she would likely be fired. Perich responded that she had spoken with an attorney and intended to assert her legal rights.
Following a school board meeting that evening, board chairman Scott Salo sent Perich a letter stating that Hosanna-Tabor was reviewing the process for rescinding her call in light of her âregrettableâ actions. Id., at 229. Salo subsequently followed up with a letter advising Perich that the congregation would consider whether to rescind her call at its next meeting. As grounds for termination, the letter cited Perichâs âinsubordination and disruptive behaviorâ on February 22, as well as the damage she had done to her âworking relationshipâ with the school by âthreatening to take legal action.â Id., at 55. The congregation voted to rescind Perichâs call on April 10, and Hosanna-Tabor sent her a letter of termination the next day.
B
Perich filed a charge with the Equal Employment OpporÂtunity Commission, alleging that her employment had been terminated in violation of the Americans with Disabilities Act of 1990, 104 Stat. 327, 42 U. S. C. § 12101 et seq. The ADA prohibits an employer from discriminating against a qualified individual on the basis of disability. § 12112(a). It also prohibits an employer from retaliating âagainst any indiÂvidual because such individual has opposed any act or pracÂtice made unlawful by [the ADA] or because such individual
The EEOC brought suit against Hosanna-Tabor, alleging that Perich had been fired in retaliation for threatening to file an ADA lawsuit. Perich intervened in the litigation, claiming unlawful retaliation under both the ADA and the Michigan Persons with Disabilities Civil Rights Act, Mich. Comp. Laws § 37.1602(a) (1979). The EEOC and Perich sought Perichâs reinstatement to her former position (or frontpay in lieu thereof), along with backpay, compensatory and punitive damages, attorneyâs fees, and other injunctive relief.
Hosanna-Tabor moved for summary judgment. Invoking what is known as the âministerial exception,â the Church argued that the suit was barred by the First Amendment because the claims at issue concerned the employment relaÂtionship between a religious institution and one of its minisÂters. According to the Church, Perich was a minister, and she had been fired for a religious reason â namely, that her threat to- sue the Church violated the Synodâs belief that Christians should resolve their disputes internally.
The District Court agreed that the suit was barred by the ministerial exception and granted summary judgment in
The Court of Appeals for the Sixth Circuit vacated and remanded, directing the District Court to proceed to the merits of Perichâs retaliation claims. The Court of Appeals recognized the existence of a ministerial exception barring certain employment discrimination claims against religious institutions â an exception ârooted in the First Amendmentâs guarantees of religious freedom.â 597 F. 3d 769, 777 (2010). The court concluded, however, that Perich did not qualify as a âministerâ under the exception, noting in particular that her duties as a called teacher were identical to her duties as a lay teacher. Id., at 778-781. Judge White concurred. She viewed the question whether Perich qualified as a minister to be closer than did the majority, but agreed that the âfact that the duties of the contract teachers are the same as the duties of the called teachers is telling.â Id., at 782, 784. We granted certiorari. 563 U. S. 903 (2011).
II
The First Amendment provides, in part, that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.â We have said that these two Clauses âoften exert conflicting pressures,â Cutter v. Wilkinson, 544 U. S. 709, 719 (2005), and that there can be âinternal tension ... between the Establishment Clause and the Free Exercise Clause,â Tilton v. Richardson, 403 U. S. 672, 677 (1971) (plurality opinion). Not so here. Both ReliÂgion Clauses bar the government from interfering with the decision of a religious group to fire one of its ministers.
Controversy between church and state over religious ofÂfices is hardly new. In 1215, the issue was addressed in the very first clause of Magna Carta. There, King John agreed that âthe English church shall be free, and shall have its rights undiminished and its liberties unimpaired.â The King in particular accepted the âfreedom of elections,â a right âthought to be of the greatest necessity and imporÂtance to the English church.â J. Holt, Magna Carta App. IV, p. 317, cl. 1 (1965).
That freedom in many cases may have been more theoretiÂcal than real. See, e. g., W. Warren, Henry II 312 (1973) (reÂcounting the writ sent by Henry II to the electors of a bishÂopric in Winchester, stating: âI order you to hold a free election, but forbid you to elect anyone but Richard my clerkâ). In any event, it did not survive the reign of Henry VIII, even in theory. The Act of Supremacy of 1534, 26 Hen. 8, ch. 1, made the English monarch the supreme head of the Church, and the Act in Restraint of Annates, 25 Hen. 8, ch. 20, passed that same year, gave him the authority to appoint the Churchâs high officials. See G. Elton, The Tudor Constitution: Documents and Commentary 331-332 (1960). Various Acts of Uniformity, enacted subsequently, tightened further the governmentâs grip on the exercise of religion. See, e. g., Act of Uniformity, 1559, 1 Eliz., ch. 2; Act of UniÂformity, 1549, 2 & 3 Edw. 6, ch. 1. The Uniformity Act of 1662, for instance, limited service as a minister to those who formally assented to prescribed tenets and pledged to follow the mode of worship set forth in the Book of Common Prayer. Any minister who refused to make that pledge was âdeprived of all his Spiritual Promotions.â Act of UniformÂity, 1662, 14 Car. 2, ch. 4.
Seeking to escape the control of the national church, the Puritans fled to New England, where they hoped to elect their own ministers and establish their own modes of worÂship. See T. Curry, The First Freedoms: Church and State
Colonists in the South, in contrast, brought the Church of England with them. But even they sometimes chafed at the control exercised by the Crown and its representatives over religious offices. In Virginia, for example, the law vested the governor with the power to induct ministers presented to him by parish vestries, 2 Heningâs Statutes at Large 46 (1642), but the vestries often refused to make such presentaÂtions and instead chose ministers on their own. See H. Eck-Âenrode, Separation of Church and State in Virginia 13-19 (1910). Controversies over the selection of ministers also arose in other Colonies with Anglican establishments, includÂing North Carolina. See C. Antieau, A. Downey, & E. RobÂerts, Freedom From Federal Establishment: Formation and Early History of the First Amendment Religion Clauses 10-Â11 (1964). There, the royal governor insisted that the right of presentation lay with the Bishop of London, but the coloÂnial assembly enacted laws placing that right in the vestries. Authorities in England intervened, repealing those laws as inconsistent with the rights of the Crown. See id., at 11; Weeks, Church and State in North Carolina, Johns Hopkins U. Studies in Hist. & Pol. Sci., 11th Ser., Nos. 5-6, pp. 29-Â36 (1893).
It was against this background that the First Amendment was adopted. Familiar with life under the established Church of England, the founding generation sought to foreÂclose the possibility of a national church. See 1 Annals of Cong. 730-731 (1789) (remarks of J. Madison) (noting that the
This understanding of the Religion Clauses was reflected in two events involving James Madison, â âthe leading archiÂtect of the religion clauses of the First Amendment.â â AriÂzona Christian School Tuition Organization v. Winn, 563 U. S. 125, 141 (2011) (quoting Flast v. Cohen, 392 U. S. 83, 103 (1968)). The first occurred in 1806, when John Carroll, the first Catholic bishop in the United States, solicited the Executiveâs opinion on who should be appointed to direct the affairs of the Catholic Church in the territory newly acquired by the Louisiana Purchase. After consulting with President Jefferson, then-Seeretary of State Madison responded that the selection of church âfunctionariesâ was an âentirely eccleÂsiasticalâ matter left to the Churchâs own judgment. Letter from James Madison to Bishop Carroll (Nov. 20, 1806), reÂprinted in 20 Records of the American Catholic Historical Society 63 (1909). The âscrupulous policy of the ConstiÂtution in guarding against a political interference with reÂligious affairs,â Madison explained, prevented the GovÂernment from rendering an opinion on the âselection of ecclesiastical individuals.â Id., at 63-64.
The second episode occurred in 1811, when Madison was President. Congress had passed a bill incorporating the Protestant Episcopal Church in the town of Alexandria in what was then the District of Columbia. Madison vetoed the bill, on the ground that it âexceeds the rightful authority
âThe bill enacts into, and establishes by law, sundry rules and proceedings relative purely to the organization and polity of the church incorporated, and comprehendÂing even the election and removal of the Minister of the same; so that no change could be made therein by the particular society, or by the general church of which it is a member, and whose authority it recognises.â Id., at 983 (emphasis added).
B
Given this understanding of the Religion Clauses â and the absence of government employment regulation generally â it was some time before questions about government interferÂence with a churchâs ability to select its own ministers came before the courts. This Court touched upon the issue inÂdirectly, however, in the context of disputes over church property. Our decisions in that area confirm that it is impermissible for the government to contradict a churchâs determination of who can act as its ministers.
In Watson v. Jones, 13 Wall. 679 (1872), the Court considÂered a dispute between antislavery and proslavery factions over who controlled the property of the Walnut Street Presbyterian Church in Louisville, Kentucky. The General Assembly of the Presbyterian Church had recognized the anÂtislavery faction, and this Court â applying not the ConstituÂtion but a âbroad and sound view of the relations of church and state under our system of lawsâ â declined to question that determination. Id., at 727. We explained that âwhenÂever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of [the]
Confronting the issue under the Constitution for the first time in Kedroff, the Court recognized that the â[f]reedom to select the clergy, where no improper methods of choice are proven,â is âpart of the free exercise of religionâ protected by the First Amendment against government interference. Ibid. At issue in Kedroff was the right to use a Russian Orthodox cathedral in New York City. The Russian OrthoÂdox churches in North America had split from the Supreme Church Authority in Moscow, out of concern that the AuthorÂity had become a tool of the Soviet Government. The North American churches claimed that the right to use the catheÂdral belonged to an archbishop elected by them; the Supreme Church Authority claimed that it belonged instead to an archbishop appointed by the patriarch in Moscow. New Yorkâs highest court ruled in favor of the North American churches, based on a state law requiring every Russian OrÂthodox church in New York to recognize the determination of the governing body of the North American churches as authoritative. Id., at 96-97, 99, n. 3, 106, n. 10.
This Court reversed, concluding that the New York law violated the First Amendment. Id., at 107. We explained that the controversy over the right to use the cathedral was âstrictly a matter of ecclesiastical government, the power of the Supreme Church Authority of the Russian Orthodox Church to appoint the ruling hierarch of the archdiocese of
This Court reaffirmed these First Amendment principles in Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevich, 426 U. S. 696 (1976), a case involving a dispute over control of the American-Canadian Diocese of the Serbian Orthodox Church, including its property and assets. The Church had removed Dionisije Milivojevich as bishop of the American-Canadian Diocese because of his deÂfiance of the church hierarchy. Following his removal, Dio-Ânisije brought a civil action in state court challenging the Churchâs decision, and the Illinois Supreme Court âpurÂported in effect to reinstate Dionisije as Diocesan Bishop,â on the ground that the proceedings resulting in his removal failed to comply with church laws and regulations. Id., at 708.
Reversing that judgment, this Court explained that the First Amendment âpermit[s] hierarchical religious organizaÂtions to establish their own rules and regulations for internal discipline and government, and to create tribunals for adjudiÂcating disputes over these matters.â Id., at 724. When ecÂclesiastical tribunals decide such disputes, we further exÂplained, âthe Constitution requires that civil courts accept their decisions as binding upon them.â Id., at 725. We thus held that by inquiring into whether the Church had followed its own procedures, the State Supreme Court had âunconstiÂtutionally undertaken the resolution of quintessentially reliÂgious controversies whose resolution the First Amendment commits exclusively to the highest ecclesiastical tribunalsâ of the Church. Id., at 720.
Until today, we have not had occasion to consider whether this freedom of a religious organization to select its ministers is implicated by a suit alleging discrimination in employÂment. The Courts of Appeals, in contrast, have had extenÂsive experience with this issue. Since the passage of Title VII of the Civil Rights Act of 1964, 42 U. S. C. §2000e et seq., and other employment discrimination laws, the Courts of ApÂpeals have uniformly recognized the existence of a âministeÂrial exception,â grounded in the First Amendment, that preÂcludes application of such legislation to claims concerning the employment relationship between a religious institution and its ministers.
We agree that there is such a ministerial exception. The members of a religious group put their faith in the hands of their ministers. Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious groupâs right to shape its own faith and mission through its appointments. According the state
The EEOC and Perich acknowledge that employment disÂcrimination laws would be unconstitutional as applied to reliÂgious groups in certain circumstances. They grant, for exÂample, that it would violate the First Amendment for courts to apply such laws to compel the ordination of women by the Catholic Church or by an Orthodox Jewish seminary. Brief for Federal Respondent 31; Brief for Respondent Perich 35-36. According to the EEOC and Perich, religious orgaÂnizations could successfully defend against employment disÂcrimination claims in those circumstances by invoking the constitutional right to freedom of association â a right âimÂplicitâ in the First Amendment. Roberts v. United States Jaycees, 468 U. S. 609, 622 (1984). The EEOC and Perich thus see no need â and no basis â for a special rule for minisÂters grounded in the Religion Clauses themselves.
We find this position untenable. The right to freedom of association is a right enjoyed by religious and secular groups alike. It follows under the EEOCâs and Perichâs view that the First Amendment analysis should be the same, whether the association in question is the Lutheran Church, a labor union, or a social club. See Perich Brief 31; Tr. of Oral Arg. 28. That result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations. We cannot accept the reÂmarkable view that the Religion Clauses have nothing to say about a religious organizationâs freedom to select its own ministers.
The EEOC and Perich also contend that our decision in Employment Div., Dept, of Human Resources of Ore. v. Smith, 494 U. S. 872 (1990), precludes recognition of a minisÂterial exception. In Smith, two members of the Native American Church were denied state unemployment benefits
It is true that the ADAâs prohibition on retaliation, like Oregonâs prohibition on peyote use, is a valid and neutral law of general applicability. But a churchâs selection of its ministers is unlike an individualâs ingestion of peyote. Smith involved government regulation of only outward physÂical acts. The present case, in contrast, concerns governÂment interference with an internal church decision that afÂfects the faith and mission of the church itself. See id., at 877 (distinguishing the governmentâs regulation of âphysical actsâ from its âlending] its power to one or the other side in controversies over religious authority or dogmaâ). The contention that Smith forecloses recognition of a ministerial exception rooted in the Religion Clauses has no merit.
HH J â I h-i
Having concluded that there is a ministerial exception grounded in the Religion Clauses of the First Amendment, we consider whether the exception applies in this case. We hold that it does.
Every Court of Appeals to have considered the question has concluded that the ministerial exception is not limited to the head of a religious congregation, and we agree. We are reluctant, however, to adopt a rigid formula for deciding when an employee qualifies as a minister. It is enough for us to conclude, in this our first case involving the ministerial exception, that the exception covers Perich, given all the cirÂcumstances of her employment.
Periehâs title as a minister reflected a significant degree of religious training followed by a formal process of commisÂsioning. To be eligible to become a commissioned minister, Perich had to complete eight college-level courses in subjects including biblical interpretation, church doctrine, and the ministry of the Lutheran teacher. She also had to obtain the endorsement of her local Synod district by submitting a petition that contained her academic transcripts, letters of recommendation, personal statement, and written answers to various ministry-related questions. Finally, she had to pass an oral examination by a faculty committee at a LuÂtheran college. It took Perich six years to fulfill these reÂquirements. And when she eventually did, she was commisÂsioned as a minister only upon election by the congregation, which recognized Godâs call to her to teach. At that point, her call could be rescinded only upon a supermajority vote of the congregation â a protection designed to allow her to âpreach the Word of God boldly.â Brief for Lutheran Church â Missouri Synod as Amicus Curiae 15.
Perich held herself out as a minister of the Church by acÂcepting the formal call to religious service, according to its terms. She did so in other ways as well. For example, she
Perichâs job duties reflected a role in conveying the Churchâs message and carrying out its mission. Hosanna-ÂTabor expressly charged her with âlead[ing] others toward Christian maturityâ and âteaching] faithfully the Word of God, the Sacred Scriptures, in its truth and purity and as set forth in all the symbolical books of the Evangelical Lutheran Church.â Id., at 48. In fulfilling these responsibilities, Perich taught her students religion four days a week, and led them in prayer three times a day. Once a week, she took her students to a school-wide chapel service, and â about twice a year â she took her turn leading it, choosing the litÂurgy, selecting the hymns, and delivering a short message based on verses from the Bible. During her last year of teaching, Perich also led her fourth graders in a brief devoÂtional exercise each morning. As a source of religious inÂstruction, Perich performed an important role in transmitÂting the Lutheran faith to the next generation.
In light of these considerations â the formal title given Perich by the Church, the substance reflected in that title, her own use of that title, and the important religious funcÂtions she performed for the Church â we conclude that Per-Âich was a minister covered by the ministerial exception.
In reaching a contrary conclusion, the Court of Appeals committed three errors. First, the Sixth Circuit failed to
Second, the Sixth Circuit gave too much weight to the fact that lay teachers at the school performed the same religious duties as Perich. We express no view on whether someone with Perichâs duties would be covered by the ministerial exÂception in the absence of the other considerations we have discussed. But though relevant, it cannot be dispositive that others not formally recognized as ministers by the church perform the same functions â particularly when, as here, they did so only because commissioned ministers were unavailable.
Third, the Sixth Circuit placed too much emphasis on Per-Âichâs performance of secular duties. It is true that her reliÂgious duties consumed only 45 minutes of each workday, and that the rest of her day was devoted to teaching secular subÂjects. The EEOC regards that as conclusive, contending that any ministerial exception âshould be limited to those employees who perform exclusively religious functions.â Brief for Federal Respondent 51. We cannot accept that view. Indeed, we are unsure whether any such employees exist. The heads of congregations themselves often have a mix of duties, including secular ones such as helping to manÂage the congregationâs finances, supervising purely secular personnel, and overseeing the upkeep of facilities.
Although the Sixth Circuit did not adopt the extreme posiÂtion pressed here by the EEOC, it did regard the relative amount of time Perich spent performing religious functions as largely determinative. The issue before us, however, is
Because Perich was a minister within the meaning of the exception, the First Amendment requires dismissal of this employment â discrimination suit against her religious emÂployer. The EEOC and Perich originally sought an order reinstating Perich to her former position as a called teacher. By requiring the Church to accept a minister it did not want, such an order would have plainly violated the Churchâs freeÂdom under the Religion Clauses to select its own ministers.
Perich no longer seeks reinstatement, having abandoned that relief before this Court. See Perich Brief 58. But that is immaterial. Perich continues to seek frontpay in lieu of reinstatement, backpay, compensatory and punitive damÂages, and attorneyâs fees. An award of such relief would operate as a penalty on the Church for terminating an unÂwanted minister, and would be no less prohibited by the First Amendment than an order overturning the terminaÂtion. Such relief would depend on a determination that Hosanna-Tabor was wrong to have relieved Perich of her poÂsition, and it is precisely such a ruling that is barred by the ministerial exception.
The EEOC and Perich suggest that Hosanna-Taborâs asÂserted religious reason for firing Perich â that she violated the Synodâs commitment to internal dispute resolution â was pretextual. That suggestion misses the point of the ministeÂrial exception. The purpose of the exception is not to safeÂguard a churchâs decision to fire a minister only when it is made for a religious reason. The exception instead ensures
IV
The EEOC and Perich foresee a parade of horribles that will follow our recognition of a ministerial exception to emÂployment discrimination suits. According to the EEOC and Perich, such an exception could protect religious organizaÂtions from liability for retaliating against employees for reÂporting criminal misconduct or for testifying before a grand jury or in a criminal trial. What is more, the EEOC conÂtends, the logic of the exception would confer on religious employers âunfettered discretionâ to violate employment laws by, for example, hiring children or aliens not authorized to work in the United States. Brief for Federal RespondÂent 29.
Hosanna-Tabor responds that the ministerial exception would not in any way bar criminal prosecutions for interferÂing with law enforcement investigations or other proceedÂings. Nor, according to the Church, would the exception bar government enforcement of general laws restricting eligibilÂ
The case before us is an employment discrimination suit brought on behalf of a minister, challenging her churchâs deÂcision to fire her. Today we hold only that the ministerial exception bars such a suit. We express no view on whether the exception bars other types of suits, including actions by employees alleging breach of contract or tortious conduct by their religious employers. There will be time enough to adÂdress the applicability of the exception to other circumÂstances if and when they arise.
* * *
The interest of society in the enforcement of employment discrimination statutes is undoubtedly important. But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission. When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us. The church must be free to choose those who will guide it on its way.
The judgment of the Court of Appeals for the Sixth Circuit is reversed.
It is so ordered.
The ADA itself provides religious entities with two defenses to claims of discrimination that arise under subchapter I of the Act. The first proÂvides that â[t]his subchapter shall not prohibit a religious corporation, asÂsociation, educational institution, or society from giving preference in emÂployment to individuals of a particular religion to perform work connected with the carrying on by such [entity] of its activities.â § 12113(d)(1) (2006 ed., Supp. III). The second provides that â[u]nder this subchapter, a reliÂgious organiza