GW Law professors Ira C. Lupu and Robert W. Tuttle explain why the path the U.S. Supreme Court might be about to take in ministerial exception cases—relying on the Free Exercise Clause of the First Amendment—is dangerously misguided. Lupu and Tuttle argue that the ministerial exception rests primarily on the Establishment Clause and is strictly limited to employment decisions about who leads or controls a faith community, or who transmits a faith.