Legal Opinion · Dissent

Archdiocese of Washington v. Moersen

Court of Appeals of Maryland

Decided June 14, 2007No. 69 September Term, 2005Published

1Dissent

Dissenting Opinion by

HARRELL, Judge,

which RAKER and CATHELL, JJ., Join.

I respectfully dissent. The Majority opinion, in the process of minimizing the role played by Moersen as the organist for St. Catherine Labouré Parish (“the Parish”), as compared to more extensive musical ministry and other ecclesiastical positions examined by other courts, lost sight of the simple reality that because Moersen’s “primary duties consisted] of ... participation in religious ritual and worship, he ... should be considered ‘clergy.’ ” Rayburn v. Gen. Conf. of Seventh-Day Adventists, 772 F.2d 1164, 1169 (4th…

2Cases cited11 opinions

  1. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  2. Corporation of the Presiding Bishop of Church of Jesus Christ of Latter-Day Saints v. AmosSupreme Court of the United States · 1987
  3. Rev. Anne Scharon v. St. Luke's Episcopal Presbyterian Hospitals, a Corporation, and the Rev. J. Edwin HeathcockCourt of Appeals for the Eighth Circuit · 1991
  4. Equal Employment Opportunity Commission v. The Roman Catholic Diocese of Raleigh, North Carolina Sacred Heart CathedralCourt of Appeals for the Fourth Circuit · 2000
  5. Richard Tomic v. Catholic Diocese of PeoriaCourt of Appeals for the Seventh Circuit · 2006

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