Foley Secures Landmark Victory for Pro Bono Client in Federal and State Cases

Foley & Lardner LLP is proud to announce a series of significant pro bono victories on behalf of the San Francisco Zen Center, culminating in a clean sweep across both federal and state courts. The firm successfully defended the Zen Center in a case before the Ninth Circuit Court of Appeals, resulting in a published decision that affirmed the application of the ministerial exception under the First Amendment. The Ninth Circuit’s ruling marks the first time the ministerial exception has been applied to a Buddhist temple in a federal Circuit Court decision, setting a significant precedent for non-Judeo-Christian religions.

In addition to this federal victory, Foley secured summary judgment in three related state law cases in San Francisco County Court. The court granted motions in the Behrend, Lorenzo, and Ehrenkranz matters, thereby eliminating the need for a trial. These rulings underscored the broad scope of the ministerial exception, affirming that religious organizations are exempt from many labor laws, including wage and hour regulations, due to their independence from government intrusion.

The federal case further affirmed that the role of the courts is to defer to the Zen Center’s interpretation of what constitutes religious practice under the ministerial exception. The courts recognized that work is an integral part of Zen Buddhist training and that individuals need not hold leadership or teaching positions to be considered ministers under the exception. Additionally, the state court dismissed the plaintiffs’ claims that a religious entity’s “commercial activity” should not fall within the scope of the ministerial exception.

Foley is honored to have achieved these historic outcomes for the San Francisco Zen Center, which establish a significant precedent for applying the ministerial exception to non-Judeo-Christian religions and affirm the broad scope of this exception in protecting religious organizations from government interference.

The Foley team representing the San Francisco Zen Center was led by partner Eileen Ridley and associates Sara Abarbanel and Evan Hamling and included associates Jack Doti and Brooke Clarke, partner John Atallah, senior counsel Mikle Jew, and associates Anum Amin and Adam Aquino.