Written by Don Byrd
Following the Supreme Court’s ruling in Hosanna-Tabor, the 5th Circuit last week dismissed an employment discrimination lawsuit brought by a church music director against his church following termination. Philip Cannata not only directed the music at mass, he also performed a number of decidedly secular functions at the St. John Neumann Catholic Church in Austin, Texas, including custodial work. Because music is such an integral part of the religious experience, however, the Court concluded that Cannata’s role is ministerial, barring him from bringing an employment discrimination suit against the church.
From the opinion (pdf)(citations removed):
Because he made unilateral, important decisions regarding the musical direction at Mass, the church considered him a minister. Even if this were not enough, Cannata played the piano at Mass. As previously noted, undisputed evidence indicates that music is an integral part of the celebration of Mass. Consequently, Cannata played an important role in furthering the service andtherefore helped convey the church’s message and carry out its mission.
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Cannata’s lack of formal training in Catholic doctrine is immaterial; this is because the ministerial exception does not apply only to those who are ordained. Moreover, Appellees introduced evidence, prepared by the United States Conference of Catholic Bishops and intended to aid in the preparation and celebration of the liturgy, that “as a matter of both religious belief and canon law, the Church considers music in the liturgy to be sacred, with ritual and spiritual dimensions; and a church musician to be a minister who shares faith, serves the community, and expresses the love of God and neighbor through music.” For Appellees, the argument is simple: Mass is the center of the Catholic faith, and Cannata was at the center of Mass.
