In what may be its most significant religious liberty decision in two decades, the Supreme Court on Wednesday for the first time recognized a “ministerial exception” to employment discrimination laws, saying that churches and other religious groups must be free to choose and dismiss their leaders without government interference.
It was a unanimous decision. The ruling means that churches and religious organizations are exempt from employee discrimination laws when hiring or firing their own employees and leaders. Many are heralding this decision as key in reinforcing the separation between church and state, while others worry that this will allow these organizations far too much power. The initial complaint that motivated Hosanna-Tabor Church v. Equal Employment Opportunity Commission stemmed from a teacher at an elementary school who felt she was being fired for pursuing a disability claim.
Seems like a pretty stinkin’ important ruling that I had no idea was even before the court.
How about you?
Looking at the case, I’m not at all sure this is at all a good thing.
Ms Perich says she was fired for pursuing an employment discrimination claim, and the school confirmed that this was the truth – she had entered litigation rather than working through the structures of the church.
Based on the information in the two articles, this judgement appears to say that religious organisations can discriminate against the disabled with impunity, because they can sack them on religious grounds for entering litigation instead of addressing the substantive issue.
The cart has been put before the horse here. Who will now protect the disabled when their employers use religion against them? Who will stand up for them in court when God’s church doesn’t act like God’s church? Apparently not the US judiciary.