No.
95-0298
STATE OF WISCONSIN IN COURT OF APPEALS
DISTRICT IV
FRED J. PERRI,
Plaintiff-Appellant,
v. ERRATA
SHEET
DIOCESE OF LA CROSSE,
Defendant-Respondent.
|
Marilyn L. Graves Clerk of Court of
Appeals 231 East, State
Capitol Madison, WI 53701 |
Peg Carlson Chief Staff
Attorney 119 Martin Luther
King Blvd. Madison, WI 53703 |
|
Court of Appeals
District I 633 W. Wisconsin
Ave., Suite 1400 Milwaukee, WI 53203-1918 |
Court of Appeals
District II 2727 N. Grandview
Blvd., Suite 300 Waukesha, WI 53188-1672 |
|
Court of Appeals
District III 740 Third Street Wausau, WI 54403-5784 |
Court of Appeals
District IV 119 Martin Luther
King Blvd. Madison, WI 53703 |
|
Jennifer Krapf Administrative
Assistant 119 Martin Luther
King Blvd. Madison, WI 53703 Hon. Peter G.
Pappas La Crosse County
Courthouse 400 North Fourth
Street La Crosse, WI 54601 Farrel A. Deml Trial Court Clerk La Crosse Co.
Courthouse 400 North Fourth
Street La Crosse, WI 54601 |
James G. Birnbaum Davis, Birnbaum,
Marcou, Seymour & Colgan P.O. Box 1297 La Crosse, WI
54602-1297 William P. Skemp William Skemp Law
Firm P.O. Box 397 La Crosse, WI
54602-0397 |
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|
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PLEASE
TAKE NOTICE that the attached page 9 is to be substituted for page 9 in the
above-captioned opinion which was released on November 30, 1995.
Dated this 28th day of December, 2006.
concluded, in order to protect the free exercise of religion,[1]
which prevailed over the compelling
governmental interest to eradicate discrimination. Id. at ___, 538 N.W.2d at 596.
In Jocz,
we adopted this test for determining if an employment position is ministerial
or ecclesiastical:
As a general
rule, if the employee's primary duties consist of teaching, spreading the
faith, church governance, supervision of a religious order, or supervision or
participation in religious ritual and worship, he or she should be considered
"ministerial or ecclesiastical."
While this test is not meant to provide the exclusive definition of
"ministerial" or "ecclesiastical" functions, it should
provide a basic framework for reviewing agencies or courts to follow when
addressing the prima facie question of whether a position is entitled to
constitutional protection from state interference.
Id. at ___, 538 N.W.2d at 598 (citation omitted).
We
concluded that Jocz's position with the Sacred Heart School of Theology was a
ministerial or ecclesiastical position.
The Sacred Heart School of Theology educated priest-candidates for the
Roman Catholic Church. The Field
Education program, which Jocz directed, was governed by church norms, religious