Errata: Fred J. Perri v. Diocese of La Crosse
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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 James G. Birnbaum Davis, Birnbaum, Marcou, Seymour & Colgan P.O. Box 1297 La Crosse, WI 54602-1297 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 William P. Skemp William Skemp Law Firm P.O. Box 397 La Crosse, WI 54602-0397 No. 95-0298 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. -2- No. 95-0298 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 In Jocz v. LIRC, ___ Wis.2d ___, 538 N.W.2d 588 (Ct. App. 1995), we looked to the federal religion-clause cases in interpreting both the First Amendment and article I, section 18 of the state constitution, following King v. Village of Waunakee, 185 Wis.2d 25, 55, 517 N.W.2d 671, 684 (1994). 1 -9-
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