Following CBA’s June 5, 2025 legal victory protecting our members from mandates to cover or provide gender-affirming care, we are pleased to share an important new resource. Our legal counsel has prepared a detailed memorandum, Maximizing Catholic Employers’ Religious Liberty and Speech Defenses, to help members understand and apply the protections available to them. This memorandum, in the tradition of CBA’s excellence, is among the finest legal resources available for Catholic employers. It is one of the many ways CBA equips Catholic ministries, dioceses, and businesses with the tools they need to remain faithful to Church teaching while navigating today’s complex legal landscape.
What the Memo Covers
The memorandum is divided into four major parts:
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Part One: Explains the ministerial exception and how it safeguards a ministry’s freedom to manage employees who advance its mission without government interference.
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Part Two: Describes the confluence of Title VII and First Amendment rights of religious employers to make employment decisions for religious reasons — not only in favor of fellow Catholics but also when addressing conduct contrary to Catholic values.
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Part Three: Sets forth the First Amendment Free Speech right of expressive association, which protects the ability of Catholic organizations to maintain a workforce that reflects and communicates their values.
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Part Four: Provides step-by-step guidance to help CBA members maximize these protections through job descriptions, interviews, policies, performance evaluations, and documentation.
Why This Matters
One of our members recently asked a critical question: Which roles in their organization should be considered ministerial?
Answering this correctly is vital to protecting a Catholic employer’s mission and carries serious legal implications. Why is that? Because strong religious liberty and speech defenses allow ministries to faithfully select and form those who advance their mission, safeguard fidelity to Church teaching, and address situations that risk scandal or undermine their religious purpose. When thoughtfully and intentionally applied, these defenses not only strengthen legal protection but also embed Catholic identity into the workplace, ensuring employees clearly understand and share in the mission.
Take Action
We encourage you to review this memo with your HR and legal teams and begin incorporating its recommendations.
To support implementation, CBA provides job descriptions, handbook templates, and other resources. We are also in the process of enhancing many of these tools, and we look forward to sharing those updates with you soon.
Members can access this memo in our Members Only Room (MOR) or by clicking this link Human Resources. There you’ll find additional information on maximizing the ministerial exception, including our guidance memo on its application to FLSA and state wage and hour laws.
Important Notes
- With regard to the significant employment and constitutional issues addressed in this memorandum, we encourage you to consult with your own legal counsel and organization leaders — especially as they relate to your state and local laws and your organization’s particular practices and procedures.
- This memorandum is a privileged communication and is intended solely for CBA members. It should not be shared with organizations that are not CBA members unless you first confer with a CBA employee and the recipient agrees to receive it under the common interest privilege.
- This resource provides practical, legally-informed guidance to help Catholic employers navigate complex workplace issues while remaining faithful to Church teaching. We encourage members to use it alongside the other tools and resources available in the Members-Only Room to support mission-aligned decision-making across their organizations.