Lawsuits involving African American churches often revolve around issues of discrimination, religious rights, and the pursuit of justice. These cases touch on various aspects, including employment practices, voting rights, and the protection of religious freedom.
African American church service.
Employment Discrimination and the Ministerial Exception
A significant area of litigation involves claims of discrimination against religious organizations. It is notable that the ministerial exception bars claims of race discrimination against religious organizations.
The ministerial exception is a First Amendment rule created by the courts to dismiss discrimination cases-race, gender, national origin, sexual orientation, age, equal pay, disabilities, and so forth-against religious employers like elementary and secondary schools, hospitals, universities, camps, orphanages, synagogues, and churches.
The ministerial exception is an affirmative defense. If the employer asserts it and wins, the lawsuit ends, and the discriminatory conduct never gets reviewed. Without the ministerial exception, if they got to court, the plaintiffs could win or lose, depending on the facts of their case. With the ministerial exception, plaintiffs always lose.
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Usually the Fifth Circuit is given credit for creating the exception in 1972, in McClure v. Salvation Army, where Billie McClure alleged that she was paid less than her male colleagues and then fired because of her complaints about the inequalities.
In 2011, as the Supreme Court was deciding its first, 2012 case, my UNLV colleague, Ian Bartrum, wrote an article called Religion and Race: The Ministerial Exception Reexamined (2011). The law, however, has not listened. It did then and does still allow religious organizations to discriminate on the basis of race.
Recent protests have called the media’s attention to the long-ignored work of Black Catholics for racial justice in their church. The historical record is inundated with gut-wrenching examples of Black Catholic faithfulness in the face of unholy discrimination and segregation in white Catholic parishes, schools, hospitals, convents, seminaries and neighborhoods. The denial of the dignity and sanctity of Black life is a part of the DNA of this country. It is also a foundational sin of the American Catholic Church. Black Catholic history reveals that the church has never been an innocent bystander in the history of white supremacy. If there will ever be a chance for true peace and reconciliation, the Catholic Church must finally declare with all of its might and resources that Black lives do matter. Or age, disabilities, gender, national origin, sexual orientation, or any other discrimination prohibited by law.
Supreme Court Upholds 'Ministerial Exception' From Anti-Bias Laws
Voting Rights and Legal Challenges
Another critical area involves lawsuits challenging restrictions on voting rights, particularly those affecting voters of color. Allowing religious organizations to be free from racial discrimination lawsuits does not help the cause of racial equality in the United States.
Sixth District of the African Methodist Episcopal Church v. Kemp was filed in federal court in Atlanta. AME v Kemp challenges Georgia's Anti-Voter Law -- S.B. 202 -- which the Georgia House of Representatives and Senate passed and Gov. Brian Kemp signed in under seven hours on the same day. Senate that saw record turnout of voters, particularly Black voters, in Georgia. The elections were celebrated not just for their turnout, but also for their integrity, with Georgia officials praising them as safe and secure.
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But rather than act to expand participation in the political process, Georgia leaders responded by doing what they have done many times in the state’s history: they placed burdensome, unjustified, and unnecessary restrictions on voters, particularly voters of color and other historically disenfranchised communities. This lawsuit challenges multiple provisions in S.B.
On May 25, 2021, three prominent Georgia-based disability rights groups have joined the broad-based alliance of Georgia voters, civil rights groups, and activists fighting against the implementation of the state’s unconstitutional and discriminatory Senate Bill (S.B.) 202. The groups are: The Arc Georgia (an office of The Arc of the United States), Georgia ADAPT, and the Georgia Advocacy Office (GAO).
In joining AME Church v. Kemp in the amended complaint, these groups are making it clear that - in addition to targeting Black voters, Latinx voters, other voters of color, new citizens, elderly voters, and student voters - Georgia legislators and the governor have discriminated against people with disabilities.
Voters with disabilities have received scant attention in Georgia's battles over voting rights but have borne the brunt of historical and continuing discrimination and neglect in all spheres of public life. Rather than celebrating the strong turnout in the 2020 general election and runoffs, S.B. 202 doubles down on making voting even more inaccessible for the disability community.
As detailed in the amended complaint, S.B. 202 unconstitutionally burdens the right to vote of people with disabilities and violates the Americans with Disabilities Act, which celebrates its 31st anniversary on July 26, and the Rehabilitation Act of 1973 by imposing voting barriers that will discriminate against voters with disabilities and deny people with disabilities full and equal opportunity to participate in the state's voting programs.
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Protecting Religious Freedom
Churches and religious organizations have also been involved in lawsuits to protect their religious rights. The churches, synagogues and religious organizations taking part in the lawsuit, filed this week, say that the rescission of the rule is a direct violation of their religious rights, and against federal law.
The religious groups “bring this suit unified on a fundamental belief: Every human being, regardless of birthplace, is a child of God worthy of dignity, care, and love,” the lawsuit states. The suit notes that it’s been the practice of the federal government for the past three decades to restrict “immigration enforcement action in or near places of worship.”
Immigration Rally.
Financial Justice and Settlements
Some lawsuits focus on financial mismanagement and the restoration of retirement funds for church employees. $60 Million Lawsuit Settlement Will Restore Earned Retirement Funds for Thousands of Church Employees and Retirees.
In August 2024, Plaintiffs reached an agreement with AME Church to restore $20 million to the plan. As part of the settlement, Newport denies any wrongdoing. “It’s been a long and difficult battle, and we’re not done, but this settlement is a major milestone in our efforts to collect every penny that these pastors lost,” said Matt Lee, of Lee Segui, PLLC and Co-Lead counsel for Plaintiffs.
“It’s hard to overstate what the restoration of these funds will mean for thousands of retired AME Church ministers. Protestant denominations and historically Black churches, boasting 2.5 million members and 7,000 congregations worldwide. AME Church promised to contribute 12% of each clergy and staff member’s annual salary into a retirement plan that was supposed to be covered by the Employee Retirement Income Security Act (ERISA), a federal law that adds certain protection for plan participants.
The salary and retirement contributions are paid through collections from individual local churches. The case involved six lawsuits that were consolidated in a multi-district litigation in the Western District of Tennessee. The remaining defendants include Symetra Life Insurance Company, Robert Eaton, the Motorskills entities, Day and Night Solar, the Estate of Dr.
Government Initiatives and Enforcement
The Department of Justice has also been involved in protecting religious freedom through various initiatives and enforcement actions. On February 20, 2007, Attorney General Alberto R. Gonzales announced a new initiative, the First Freedom Project, to highlight the Department of Justice's work protecting religious freedom.
On March 15, the Department of Justice filed a civil rights lawsuit in a Manhattan federal court against the New York State Department of Correctional Services (DOCS) over its refusal to provide any accommodation to its employee uniform and grooming policies for religious reasons. Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations of the religious practices and observances of their employees.
DOCS’s uniform and personal grooming policy, covering 21,000 uniformed employees, does not provide any process for religion-based exceptions. Included in the allegations are that DOCS has forbidden Abdus Samad Haqq, a Muslim correction officer at a halfway house, to continue to wear a Kufi, or skullcap.
Mr. Haqq had worn his Kufi for several years, but in 2005 was ordered to stop wearing it due to DOCS’s uniform policy. The lawsuit alleges that DOCS refused to make a reasonable accommodation of Mr. “Americans are not required to abandon their religious beliefs when they report for work,” Assistant Attorney General Wan J. Kim said at the time of the filing.
The Civil Rights Division's Employment Litigation Section enforces Title VII in cases involving state and local government employers. In an oral argument on March 27 before the United States Court of Appeals for the Third Circuit in Philadelphia, Assistant Attorney General Wan J. Kim argued that a federal trial court erred in placing additional hurdles not found in the text of the Religious Land Use and Institutionalized Persons Act (RLUIPA) on a church seeking to operate in a commercial zone.
After the city denied Lighthouse Institute a zoning permit to use its commercially-zoned property as a church, it filed suit under RLUIPA. One of its claims was under section 2(b)(1) of RLUIPA, which provides: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.”
In ruling against the church, the court held that it was not enough that the church show discrimination, but that it also must show that the discrimination imposed a "substantial burden" on its religious exercise. Assistant Attorney General Kim argued that the trial court erred by importing the “substantial burden” test, which is contained in a different part of RLUIPA pertaining to different kinds of claims, to discrimination claims under 2(b)(1).
On March 5, the Civil Rights Division closed its investigation of whether Rockaway Township, New Jersey violated the rights of a church under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The investigation focused on the township’s treatment of Christ Church of New Jersey, which had applied for a conditional use permit to build a sanctuary, offices, classrooms, and related facilities, including a parking deck.
Christ Church, a predominantly African-American congregation in the Township of Montclair, had outgrown its facilities. After an extended search for a new location, it contracted to purchase an abandoned manufacturing facility in Rockaway Township and submitted a permit application to the town’s planning board in December 2003.
For nearly two years, the planning board held dozens of hearings to consider the proposal. In the meantime, in March 2005, the town passed an amendment to its zoning ordinance prohibiting multi-story parking decks anywhere in the town. In October 2006, the planning board approved Christ Church’s proposal, subject to a number of conditions, including a prohibition on Friday and Saturday services. After extended negotiations, the town agreed to modify the conditions.
Eboni Marshall Turman and Gender Discrimination
The case of Eboni Marshall Turman, who accused Abyssinian Baptist Church in New York of sex discrimination, highlights the challenges women face in seeking leadership roles in religious institutions. Duke Divinity School celebrate its 90th Baccalaureate service, May 14, 2016, in Duke Chapel with Eboni Marshall Turman, then a professor at Duke and now a professor at Yale Divinity School, preaching.
Marshall Turman filed a lawsuit in December 2023 accusing Abyssinian Baptist Church in New York of sex discrimination for rejecting her application to become Abyssinian’s senior pastor. Based in Harlem, it became a famous megachurch with the political rise of the Rev. Adam Clayton Powell Jr., perhaps the most influential of the many men who have led the congregation.
Among the countless believers making Abyssinian their spiritual home was Eboni Marshall Turman, who came to believe she could become the first woman to be the church’s senior pastor. After longtime senior pastor Calvin O. She was full of optimism that she would be chosen. Along with the church, the lawsuit - filed Dec. 29 - specifically names the search committee chair, Valerie S.
Grant, who described the search process as rigorous, said Marshall Turman was one of 11 people who advanced from a 47-applicant field. Due to varied beliefs on whether women can have authority over men, the Black church broadly has been a minefield for women aspiring to pastoral leadership. Marshall Turman, who did not respond to requests from The Associated Press for comment, researches gender politics in Black churches and related issues.
The remaining Abyssinian finalists are men. “I have an issue with people characterizing this process as discriminatory and designed to deny opportunities to women,” she said. The process was the same for every candidate, she said, adding that her job was to tell the committee to set their biases aside.
She took issue with the lawsuit’s accusations against her own interviewing of Marshall Turman. Grant explained that every candidate was asked a series of common questions, and additional ones tailored to each person were asked as well. 23, 2023, that the hiring process was tainted by secrecy and gender bias.
“I write only to underscore that gender bias has no place in God’s house,” Marshall Turman continued in her post. Among the remaining contenders for the open senior pastor job are the Rev. Dr. In terms of Black women as pastoral leaders, Butts told Turman that at Morehouse the thought of women as pastoral leaders had never crossed his mind.
“It was not an issue at Morehouse,” said Butts, in an excerpt from the book. Eboni Marshall Turman (“Ms. Turman”), a distinguished scholar and minister, aspired to become the first female senior pastor in the church’s history.
Ms. Turman’s allegations concerning her experience at Abyssinian Baptist Church raise significant questions. Her claim of gender discrimination resonates with many who have faced similar barriers in various professional settings. This case presents a unique intersection of employment law and religious freedom. While religious institutions enjoy certain exemptions from anti-discrimination laws, these exemptions aren’t absolute.
The leadership of Abyssinian Baptist Church, including the search committee chair, Valerie S. Grant, is now under immense scrutiny. Ms. Turman’s lawsuit alleges that she was subjected to different standards than her male counterparts, a claim that challenges the church’s hiring practices. This case serves as a poignant reminder of the complexities involved when religious institutions become the focus of workplace discrimination claims.
As this case unfolds, it will undoubtedly become a focal point in the discourse surrounding gender discrimination in the workplace. For those who have been the target of racial discrimination at work, working with a qualified and knowledgeable attorney is often the best action for effectively addressing these issues.
Metropolitan AME Church and the Proud Boys
The lawsuit filed by Metropolitan AME Church against the Proud Boys demonstrates the church's commitment to fighting racism and protecting its community. "Washington’s been a very interesting town, because Black people have been able to live lives here that they couldn’t live elsewhere," Lamar said.
Metropolitan AME Church.
Growing up in Macon, Georgia, Lamar first learned about Metropolitan AME from a textbook his mother brought home. The decision to sue the Proud Boys was made with a unanimous vote of church leaders, though Wayne Curtis, a Metropolitan member for nearly three decades, is still cautious about the victory, not wanting it to give the Proud Boys more attention.
The Proud Boys, though fractured as a movement, resurfaced at Trump’s inauguration. Even if the Proud Boys change their name, the organization and some members are still indebted to the congregation, whose legal team plans to pursue the money. “We will be unrelenting in pursuing justice,” Lamar said. “And it is not just for Metropolitan.
Three blocks from the red-brick church, the city recently demolished its Black Lives Matter Plaza. Lamar is working on a book about Black ancestors, whose presence he often feels spurring his church to fight for justice. “The victory for me was ancestral in that it said, keep going.
The Feb. 3 ruling from D.C. Superior Court Judge Tanya M. When my daughter Breanna heard about the ruling, she remembered an older case I had taught her about an SPLC lawsuit against another hate group - the Ku Klux Klan - for the lynching of Michael Donald. Breanna compared the two cases and said they both offered hope for the fight against racism.
She also said of the Proud Boys case, “The judge had to be a Black woman! Decades ago, on behalf of Michael Donald’s mother, Beulah Mae Donald, the SPLC filed a groundbreaking civil suit against the United Klans of America, alleging that its members conspired to kill the young man.
The verdict marked the end of the United Klans, the same group that had beaten the Freedom Riders in 1961, murdered civil rights worker Viola Liuzzo in 1965 and bombed Birmingham’s 16th Street Baptist Church in 1963, killing four girls. The church’s win this week against the Proud Boys gives me hope in the fight against present-day racism, even in the face of an administration that seems intent upon crushing all efforts to make our country more inclusive.
