If You’re a Minister and You Know It, Clap Your Hands: Contract Nondiscrimination Clauses as a Voluntary Waiver of the Ministerial Exception


Yale Law School, J.D. 2022. Many thanks to everyone at YLPR, especially Philine Qian and Emma LeBlanc, for their insightful edits and endless patience. I’d also like to thank Amy Chua, for allowing me to write this paper for her advanced contracts seminar despite it having only the most tangential relationship to contract law, and Michael Helfand, for reading an early draft and teaching me everything I know about the Religion Clauses. (The remaining gaps in my understanding are not his fault.) I am also grateful to Douglas Laycock for talking my ideas through with me. Finally, thank you to Paul Meosky for being my sounding board and sparring partner on all things law and religion, and Windy Jones, for absolutely everything else.