02-2280 Alicea-Hernandez v. The Catholic Bishop of Chicago

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“It is … not our role to determine whether the Church had a secular or religious reason for the alleged mistreatment of Alicea-Hernandez. The only question is that of the appropriate characterization of her position. Both sides agree that, in her capacity as Hispanic Communications Manager, Alicea-Hernandez served in part as a press secretary. Her official duties included composing media releases and correspondence as well as developing a working relationship with various constituencies of the Hispanic community and composing articles to be published in the Church media. Whether the ministerial exception applies to the position of press secretary is a novel question in this circuit. Although the parties cite numerous cases dealing with positions such as teachers, music directors, and youth counselors, the cases provide limited guidance in making the determination required here. Unlike those positions, a press secretary is responsible for conveying the message of an organization to the public as a whole. A press secretary, as is evident from observing various public officials and entities, is often the primary communications link to the general populace. The role of the press secretary is critical in message dissemination, and a church’s message, of course, is of singular importance. As the D.C. Circuit stated, ‘[D]etermination of whose voice speaks for the church is per se a religious matter.’ Minker v. Baltimore Annual Conference of the United Methodist Church, 894 F.2d 1354, 1356 (D.C. Cir. 1990) (internal quotation marks omitted). Indeed, the rationale for the ministerial exception is founded upon the principle that ‘perpetuation of a church’s existence may depend upon those whom it selects to preach its values, teach its message, and interpret its doctrines both to its own membership and to the world at large.’ Rayburn, 772 F.2d at 1168.

“In Rayburn the Fifth Circuit characterized the position of Associate in Pastoral Care as ministerial because the Associate was ‘a liaison between the church as an institution and those whom it would touch with its message.’ Id. Alicea-Hernandez also served as a liaison between the Church and the community to whom it directed its message. As Hispanic Communications Manager, Alicea- Hernandez was integral in shaping the message that the Church presented to the Hispanic community. We therefore conclude that Alicea-Hernandez served a ministerial function for the Church and her Title VII claims are therefore barred by the First Amendment.

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Coar, J., Flaum, J.