Yaakov Markel v. Union of Orthodox Jewish Congregations of America

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

YAAKOV MARKEL, No. 23-55088

Plaintiff-Appellant, D.C. No. 2:19-cv-10704- v. JWH-SK

UNION OF ORTHODOX JEWISH

CONGREGATIONS OF AMERICA, OPINION

a corporation; NACHUM RABINOWITZ, an individual; DOES, 1-100,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California John W. Holcomb, District Judge, Presiding

Argued and Submitted April 3, 2024 Pasadena, California

Filed December 30, 2024

Before: Ryan D. Nelson, Lawrence VanDyke, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge R. Nelson; Concurrence by Judge Sanchez SUMMARY *

First Amendment Ministerial Exception

The panel affirmed the district court’s summary judgment in favor of the Union of Orthodox Jewish Congregations of America (OU) and Rabbi Nachum Rabinowitz, holding that the First Amendment’s ministerial exception barred plaintiff Yaakov Markel, whom UO formerly employed as a mashgiach to supervise food preparation for kosher compliance, from bringing employment-related…