A Whistleblower “Minister” Loses in the Illinois Supreme Court

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin comments on a recent decision by the Illinois Supreme Court characterizing a “lay principal” at a Catholic school as a “minister” and therefore dismissing her claim under the Illinois Whistleblower Act under the so-called “ministerial exception.” Professor Griffin argues that the ministerial exception gives churches pure religious freedom to dismiss all legal claims against them, rendering them entirely unaccountable for their unlawful actions.

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In re P.R.

Docket: 119745

Opinion Date: February 12, 2021

Judge: Ward

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court concluding that Mother's voluntary relinquishment of her child under Kan. Stat. Ann. 38-2268 was a legally authorized adjudication of Mother's parental rights, holding that Mother's relinquishment of parental rights was effective to terminate her parental rights. One of the primary issues on appeal was whether formal written acceptance by the Kansas Department for Children and Families (DCF) is required in order for a parent's relinquishment of parental rights to DCF to be valid. The Supreme Court held (1) there was substantial, competence evidence to support a finding that Mother's relinquishment of parental rights to her child was valid, knowingly made, and effective to terminate her parental rights; and (2) Mother was afforded the procedural due process to which she was entitled.