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Gottesblog

A blog of the Evangelical Lutheran Liturgy

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Of popes and day school teachers. . .

JUSTICE KAGAN: I'm just asking you to

assume with me for a moment that there is a categorical

exception, and to tell me who you think counts as a

minister, and why the woman in this case does not.


MR. DELLINGER [Counsel for private respondent]: Well, in our view, if that

was the test, then we would say that the court of

appeals was correct in holding that she was not a

minister, and the reason -- the principal reason is she

carries out such important secular functions in addition

to her religious duties -­


CHIEF JUSTICE ROBERTS: I'm sorry to

interrupt you, but that can't be the test. The Pope is

a head of state carrying out secular functions; right.

Those are important. So he is not a minister?

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