/WEL-rek-uhg-NYZD ri-LIJ-uhs SEKT or or-guh-nuh-ZAY-shuhn/·phrase
Also known as:well recognized religious sect or organization · religious sect · religious organization
Written by attorneys · grounded in primary & secondary sources — see below
An established religious group that has maintained continuous institutional existence, formal membership standards, and recognized tenets over an extended period.
Sources & Authorities· 5 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Study Supplements
How it applies
Common Examples
6
Housing Preference for Sect Members
Winston Ward belongs to a long-established religious group that owns an apartment building operated solely for its members. The group restricts rentals to current adherents whose beliefs align with its doctrines. A prospective tenant outside the group sues under the Fair Housing Act. The court holds the exemption applies because the group meets the statutory criteria for a religious organization and the housing serves a noncommercial purpose.
Temple Register Offered as Evidence
Wanda Williams offers baptismal entries from a temple registry to prove her lineage in an inheritance dispute. The temple has maintained the register continuously for generations as part of its regular practice. The opposing party objects on hearsay grounds. The court admits the entries because the temple is a religious organization whose records of family history fall within the exception.
Wyatt Wilson, a taxpayer, sues to block state funding that flows to schools operated by several long-standing religious groups. The groups have operated continuously for decades and maintain formal membership standards. The court applies the Lemon test and finds the groups qualify as religious organizations whose schools receive the aid without creating excessive entanglement.
Lemon v. Kurtzman403 U.S. 602 (1971)
Ministerial Exception Invoked
Wilma Wright, a teacher at a school run by an established religious denomination, sues after her contract is not renewed. The denomination has maintained its own clergy training and membership rolls for over a century. The court dismisses the claim because the school is operated by a religious organization entitled to the ministerial exception.
Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission565 U.S. 171, 132 S. Ct. 694 (2012)
Playground Grant Awarded
Winston West leads a congregation that has existed in the community for generations and seeks a state grant to resurface its playground. State officials deny the grant solely because the applicant is religious. The court holds the denial unconstitutional because the congregation is a religious organization and the grant is neutral aid for a secular purpose.
Trinity Lutheran Church of Columbia, Inc. v. Comer582 U.S. 449 (2017)
Evolution Curriculum Requirement
Wendy Wu, a biology teacher at a public school, challenges a statute that bars teaching evolution. The statute was enacted at the urging of certain religious groups that object to the theory. The court strikes the statute because it advances the views of particular religious sects or organizations in violation of the Establishment Clause.
Epperson v. Arkansas393 U.S. 97 (1968)
Common questions
Frequently Asked
2
Does the fair housing exemption require the religious organization to be nonprofit?+
Yes. The exemption applies only when the dwellings are owned or operated for other than a commercial purpose, even if the organization itself is a religious sect or society.
Can religious records be admitted under the hearsay exception if the organization is small?+
Yes. The exception turns on whether the records are regularly kept by a religious organization, not on the size or fame of the group, provided the statements concern personal or family history.
494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)Constitutional Law
…American Church’s use of peyote is isolated to specific ceremonial occasions,’” and so “‘an accommodation can be made for a religious organization which uses peyote in circumscribed ceremonies’” (quoting DEA Final Order)); id. , at 7, 878 F. 2d, at 1464 (“[F]or members of the Native American Church, use of peyote outside the ritual…