The female pastor who filed a gender discrimination lawsuit after being overlooked for the senior pastor position at a well-known New York church has withdrawn her case in federal court. Ebony Marshall Turman initiated legal action against the Abyssinian Baptist Church in 2023, alleging that the Courtesy Search Committee breached state and city anti-discrimination laws by selecting a male pastor to succeed Calvin O. Butts III, who declared his intention to retire. Marshall Turman reached the third stage of the selection process alongside 10 male candidates but did not move on to the final stage – claiming in her lawsuit that she was told her gender was the reason for this.
Nonetheless, US District Judge Dale E. Ho dismissed the lawsuit on March 31. The ruling indicated that Supreme Court precedent inhibits the court from intervening in the employment practices of Faith House. Ho referenced the “minister exception” doctrine that shields religious organizations from discrimination claims related to employment.
The ministerial exception “undermines Dr. Marshall Turman’s assertion of employment discrimination,” he stated.
“This court cannot adjudicate Dr. Marshall Turman’s claim of employment discrimination. Thus, it is timely to invoke the Minister’s exception in this motion to dismiss.”
Marshall Turman contended that the church failed to adhere to its own bylaws – and mentioned that she was informed that she would never be appointed as a senior pastor due to her gender.
Judge Ho referenced the 2012 Supreme Court verdict Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, which formally acknowledged the Minister’s exception.
“[T]he court must regard as significant the enforcement of,” Ho asserted, citing the Supreme Court, “the Employment Discrimination Act law is certainly critical.”
Marshall Turman serves as a professor at Yale Theological Seminary and was previously an assistant pastor at the church.
She told The Associated Press that she is contemplating an appeal.
“This case was not dismissed based on the merits,” she expressed regarding the religious exceptions the church claims allow them to discriminate, despite scripture stating “there is neither Christ, nor man nor woman.” “My moral positions remain intact.”
The Abyssinian Baptists welcomed the court’s ruling.
“We appreciate the court’s decision and the closure it brings to this matter,” the pulpit search committee stated. “Through these legal proceedings, Abyssinians upheld a noble search process, guided by our core values of faith, fairness, integrity, and inclusivity. The process involved comprehensive and prayerful assessments of over 40 candidates from a diverse range of backgrounds, experiences, ages, genders, and identities.
“…As we progress, we remain committed to our mission of being a beacon of faith, justice, and service in Harlem and beyond. We take pride in the Abyssinian’s lasting legacy and are dedicated to upholding clarity of purpose and unity.”
Photo credit: ©YouTube/Abyssinian Baptist Church
Michael Foot For two decades, I have reported on the interplay between faith and the news. His writing is featured in the Baptist Press, Christianity Today, Christian Post, Leaf Leaf, Toronto Star, and Knoxville News Sentinel.
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Originally published on April 4, 2025.