JUSTICE KAGAN: I'm just asking you to
assume with me for a moment that there is a categorical
exception, and to tell me who you think counts as a
minister, and why the woman in this case does not.
MR. DELLINGER [Counsel for private respondent]: Well, in our view, if that
was the test, then we would say that the court of
appeals was correct in holding that she was not a
minister, and the reason -- the principal reason is she
carries out such important secular functions in addition
to her religious duties -
CHIEF JUSTICE ROBERTS: I'm sorry to
interrupt you, but that can't be the test. The Pope is
a head of state carrying out secular functions; right.
Those are important. So he is not a minister?