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3835 A nonstatutory, constitutionally compelled exception prevents a court from interfering in the relationship between a church and personnel who perform duties that go to the heart of the church's function, but does not apply to employees who perform a secular function; terminating employees because their marriage is perceived to be evidence of immoral behavior prior to the marriage is not discrimination based on marital status, but termination of married employees in furtherance of a policy that prohibits marriage partners from working in the same department is discrimination based on marital status.CitationHOPE v SUPERIOR COURT (Terminated Professors) 119 CA4 719 [See: CA R of C 313(b); Catholic Charities v Superior Court 32 C4 527; Schmoll v Chapman 70 CA4 1434, T/AT 5/99; Chen v County 96 CA4 926 T/AT 3/02]
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