Andrew E. Werft v. Desert Southwest Annual Conference Of The United Methodist Church

377 F.3d 1099 Andrew E. WERFT, an Arizona resident, Plaintiff-Appellant, v. DESERT SOUTHWEST ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH, an Arizona non-profit corporation; Vista De La Montana United Methodist Church, an Arizona non-profit corporation; John Does, I-V; Jane Does, I-V; Black and White Corporation, I-V; Black & White Partnership(s), I-V, Defendants-Appellees. No. 03-15545. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 2004. Filed July 30, 2004. David L. Abney, Skousen, Skousen, Gulbrandsen & Patience, P.C., Mesa, Arizona, for the plaintiff-appellant. Gordon Lewis, Jennings, Strouss & Salmon, P.L.C., Phoenix, Arizona, for the defendants-appellees. Appeal from the United States District Court for the District of Arizona; Frederick J. Martone, District Judge, Presiding. D.C. No. CV-02-02617-FJM. Before: FERNANDEZ, THOMAS, and CALLAHAN, * Circuit Judges. PER CURIAM: 1 We must decide whether the claim of a minister, seeking damages from his church for employment discrimination based on a failure to accommodate his disabilities, falls within either the ministerial exception first articulated in McClure v. Salvation Army, 460…