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Early this month, the Supreme Court held (in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission) that a Lutheran school's decision to dismiss a teacher is an internal church issue that cannot be challenged under federal employment laws.
US Supreme Court Rules Religious Law Above US Law
Seeded on Fri Jan 27, 2012 8:18 AM EST
Article Source: Wall Street Journal
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The government suggested that, with regard to such laws, religious organizations are no different than other forms of association.
The Supreme Court swatted these arguments away by a 9-0 vote, recognizing an exception from the employment laws for those whose role is in some sense "ministerial."
- 4 votes
#1 - Fri Jan 27, 2012 8:19 AM ESTWell, the teacher in question got a divinity degree from a Christian college and did engage in religious instruction. So that is how the school was able to get away with firing her. Even though it was very, VERY clear that she was fired because she was ill. They clearly were in violation of a law that any other institution (other than religious) would have faced serious consequences for. I think the administration's choice to move this case up the ladder was the correct one. I don't necessarily think that it was the correct decision, however.
- 2 votes
I'm anxious to see how the courts will rule when a case comes before it involving a Muslim decision where its own internal Sharia Law was used to make a determination.
- 8 votes
#2 - Fri Jan 27, 2012 8:21 AM ESTBetter yet, when a group gets wise to the notion that they can simply create a new "religion", and build it around whatever tenets they want, so that they can create an impenetrable cult that exists within their walls.
- 12 votes
Probably the same kind of abuse as the churches/religions enjoy with the tax laws.
What a stupid decision. At the very least they need to limit it to certain circumstances. Say for instance that it only applies to private institutions that service only religious needs such as clergy.
- 3 votes
I'm anxious to see how the courts will rule when a case comes before it involving a Muslim decision where its own internal Sharia Law was used to make a determination.
http://www.tampabay.com/news/courts/civil/article1158818.ece
One court has. Of course, the righties lost their minds and posted hysterical articles about sharia law in America. I'm surprised you didn't see them.
- 11 votes
Uh Oh...here comes the Sharia law Oklahoma has been worried about LOL, priceless!
- 2 votes
#3 - Fri Jan 27, 2012 10:48 AM ESTBoth decisions are consistent with past rulings and I am surprised that it had to go all the way to the Supreme Court. With a 9-0 ruling, I would think the matter is firmly put to rest.
Holding: The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws. Moreover, because the respondent in this case was a minister within the meaning of the ministerial exception, the First Amendment requires dismissal of her employment discrimination suit against her religious employer.
Judgment: Reversed, 9-0, in an opinion by Chief Justice Roberts on January 11, 2012. Justice Thomas filed a concurring opinion. Justice Alito also filed a concurring opinion, which was joined by Justice Kagan.
- 3 votes
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