Religious Liberty Defended by Supereme Court PDF Print E-mail
Thursday, 12 January 2012 21:30

The Obama administration's attempt to undermine the role of religious liberty in American culture fell far short with a 9-0 decision in favor of the ministerial exception.  the case was Hosanna-Tabor Lutheran Church and School v. EEOC.  The case concerned whether religious groups have the right to choose their leaders without interference from the government.  The question of the reach of the ministerial exception had been a matter of debate.  Does the ministerial exception cover an employee of a school who performs largely secular duties?  The Obama administration was attempting to narrow the definition of the ministerial exception to the relationship between a House of Worship, not a school or other religious outreach, and employees in ministerial positions.  This is the classical argument that secular liberals use to claim that religion has no place in the public sphere, that it must be kept in the privacy of a home or place of worship.  Rejecting this idea, the court explained  that the ministerial exception “protects a religious group’s right to shape its own faith and mission through its appointments.” The Washington Times quotes Roberts:


“The interest of society in the enforcement of employment discrimination statutes is undoubtedly important. But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission,” said Chief Justice John G. Roberts Jr., who wrote the court’s 39-page opinion.

“When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us,” Chief Justice Roberts said. “The church must be free to choose those who will guide it on its way.”

Allowing former employees to file anti-discrimination lawsuits “could end up forcing churches to take religious leaders they no longer want,” he said.

They are calling this the biggest victory for religious liberty in decades.



Written on Thursday, 12 January 2012 21:30 by MichaelMaedoc

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    The purpose of this blog has grown from the specialized interest of the Caretakers of Mary's Garden to include larger cultural questions regarding the value of life and nature of Christian community.  The inspiration for the title Kinship From Presence is the Celtic spiritual emphasis on God's Presence completely surrounding us, and in particular the kinship of Christ, the Saints and His Church.  Esther De Wall describes kinship as that sense of belonging.  In Esther's book The Celtic Way of Prayer  the monk Blathmac is quoted describing Christ's Love: "Your fair renowned Son, O Mary, was warm in kin-love."

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