# Mrs. Billie B. McCLURE, Plaintiff-Appellant, v. the SALVATION ARMY, Defendant-Appellee

> Court of Appeals for the Fifth Circuit · April 26, 1972 · 460 F.2d 553

URL: https://www.frixlaw.com/law-library/cases/9842906

## Case

- **Full name:** 4 Fair empl.prac.cas. 490, 4 Empl. Prac. Dec. P 7719 Mrs. Billie B. McClure v. the Salvation Army
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** April 26, 1972
- **Citations:** 460 F.2d 553
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Wisdom, Coleman, Simpson
- **Cited by:** 256 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9842906

## How later opinions describe it (automated extraction)

- finding that the “application of the provisions of Title VII to the employment relationship existing between the Salvation Army and Mrs. McClure, a church and its minister, would result in an encroachment by the State into an area of religious freedom which it is forbidden to …
- stating that “[i]f the provisions of Title VII are to apply to the relationship between [the defendant] and [the plaintiff,] it is necessary that [the defendant] be an ‘employer’ engaged in an ‘industry affecting commerce’ and that [the plaintiff] be an ‘employee’ as those ter…
- holding application of Title VII to the employment relationship between the Salvation Army and its ordained minister would involve a review that would cause improper state intrusion on matters of church governance
- recognizing that “[t]he relationship between an organized church and its ministers is its lifeblood” and that application of Title VII to this relationship would encroach on religious freedom
- holding that matters such as a minister's salary, place of assignment, and duties are matters of church administration and governance and are thus beyond the purview of civil authorities

## Opinion text

ON PETITION FOR REHEARING
PER CURIAM:
It is ordered that the parties bear their own costs in this Court and in the district court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9842906. Public record. Not legal advice.