Schmoll

J.In this case of first impression, we hold the establishment and free exercise clauses of the First Amendment of the United States Constitution bar judicial review in a lawsuit alleging a church-affiliated university modified the terms of employment of its campus chaplain, in violation of the Fair Employment and Housing Act, Government Code section 12900 et seq. (FEHA). It matters not whether such an employment decision is based on doctrine or economics. It is irrelevant whether the action involves hiring, firing or discipline or simply changes the terms and conditions of the employment. The rule is about as absolute as a rule of law can be: The First Amendment guarantees to a religious institution the right to decide matters affecting its ministers’ employment, free from the scrutiny and second-guessing of the civil courts. This case is no exception.

I

Chapman University (Chapman) is affiliated with the Christian Church, Disciples of Christ. The Reverend Shaunie Eminger Schmoll is an ordained minister of that church. In June 1991, Chapman hired Schmoll as its full-time chaplain and director of campus ministry. In February 1994, the school informed Schmoll budget…