1. Does the Christian Science Monitor violate Title VII by giving preference to Christian Scientists when hiring reporters for the newspaper?
2. Does Section 702 of Title VII allow religious societies to hire coreligionists for secular activities as opposed to religious activities?

[In January 1979, Mark Feldstein inquired at the Christian Science Monitor whether there would be job openings on its news reporting staff upon his graduation from college in June. At that time, Feldstein was a college student interested in pursuing a career in journalism. On making his inquiry, Feldstein was instructed to contact the personnel department of the church, where he was asked if he was a member of the Christian Science church. He indicated that he was not and was informed that he would stand little, if any, chance of becoming employed by the Monitor
as a reporter, as only Christian Scientists were hired except in the rare circumstance that no qualified member of the church was available. Feldstein nevertheless requested and obtained an employment application for a reporter's position. The employment application, used for positions throughout the church, contained several questions relating to religious practice, including "Are you … a member of the Mother Church? A branch Church member? Class taught?"; "Are you free from the use of liquor, tobacco, drugs, medicine?"; "Do you subscribe to the Christian Science periodicals?"; and "Are you a daily student of the lesson-sermon?" Inquiries were also directed to the applicant's present and past religious affiliation. References were sought from "two Christian Scientists who can comment on your character and your practice of Christian Science." The application closed with the following statement:
The First Church of Christ, Scientist, may by law apply the test of religious qualifications to its employment policies. Those who meet this requirement and are otherwise qualified will be hired, promoted, and transferred without regard to their race, national origin, sex, color, or age.
Feldstein filed his application with the church in March 1979, together with a copy of his curriculum vitae, letters of recommendation, and a portfolio of newspaper articles that he had written. In April, he was notified by a church personnel representative that his application for employment as a reporter had been rejected. Feldstein alleged that his application for employment was not given full consideration because he was not a Christian Scientist.]
MAZZONE, D. J….
Title VII of the Civil Rights Act of 1964 was originally passed as an expression of Congress' laudable intention to eliminate all forms of unjustified discrimination in employment, whether such discrimination be based on race, color, religion, sex, or national origin. This posed a sharp question under the Establishment Clause of the First Amendment to the United States Constitution as to whether Congress could properly regulate the employment practices, and specifically the preference of co-religionists, of religious organizations in matters related to their religious activities. As a result, the original Title VII contained an exemption from the operation of Title VII's proscriptions with respect to the employment of co-religionists to perform work related to the employer's religious activity.
Church-affiliated educational institutions were also permitted to hire on the basis of religion.
In 1972, a number of amendments to Title VII were proposed in an effort to alter and expand the existing exemption for religious organizations….
… Title VII was amended to eliminate the qualification that only religious activities of religious organizations would be exempt from suit based on religious discrimination. Section 702 provides, as a result of the 1972 amendment:
This subchapter shall not apply … to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.
It is clear that the disposition of this matter turns on two key issues: first, whether the Monitor is a religious activity of a religious organization and therefore within the limited exemption provided by Congress in the Civil Rights Act of 1964; and second, if it is not a religious activity of a religious organization, whether the 1972 amendment to Title VII excluding from the scope of Title VII all activities of whatever nature of a religious organization is constitutional in light of the requirements of the Free Exercise and Establishment Clauses of the First Amendment.
It is self-evident, as well as uncontested, that the First Church of Christ, Scientist is a religious organization.
The status of the Christian Science Publishing Society and of the Monitor is less clear. The plaintiff has argued that the Monitor is a highly regarded and impartial newspaper carrying news stories, articles, features, columns, and editorials that are secular in nature and content. The defendants take exception to this characterization of the Monitor and make reference to a number of facts in support of their position that the newspaper is a religious activity of a religious organization and therefore exempt from regulation under Title VII….
The deed of trust of the Publishing Society declares as its purpose "more effectually promoting and extending the religion of Christian Science." …
The plaintiff does not contest that the Christian Science Church is intimately involved with the management, the day-to-day operations, and the financial affairs of the Monitor. Paragraph 5 of his complaint states in part:
Defendant First Church of Christ, Scientist is a nonincorporated religious association…. Control of the Church is vested in a Board of Directors who serve in accordance with terms set out in the Church Manual. Pursuant to the Church Manual, the Board has ultimate authority for and responsibility over the policy and operations of the Monitor….
… A religious activity of a religious organization does not lose that special status merely because it holds some interest for persons not members of the faith, or occupies a position of respect in the secular world at large. Though the "wall between church and state" is not absolute, I am nevertheless unwilling to involve the federal court in what is ultimately an internal administrative matter of a religious activity.

While fully crediting the plaintiff's statements that the Monitor holds itself out as an objective and unbiased reporter of world news and events, I cannot ignore the close and significant relationship existing between the Christian Science Church, the Publishing Society and the Monitor; or the declared purpose, both at the time of its founding and until the present, of the Monitor to promulgate and advance the tenets of Christian Science. I find the conclusion inescapable that the Monitor is itself a religious activity of a religious organization, albeit one with a recognized position and an established reputation in the secular community.
Having concluded that the Monitor is a religious activity of a religious organization, I find that the constitutionality of that part of Section 702 of Title VII, 42 U.S.C. § 2000e-1, that extends the exemption provided for religious organizations, to all their activities, secular and religious, is simply not here implicated.
Because I find that the Monitor is a religious activity of a religious organization, I find that it is permissible for the Monitor to apply a test of religious affiliation to candidates for employment. Therefore, I find as a matter of law that the defendants have not committed an unlawful employment practice under the Civil Rights Act of 1964. The defendants'
motion for summary judgment is granted and the complaint is dismissed.
So ordered.