Justices Grant Leeway to Churches in Job Bias Laws

[justiceischeap]

WASHINGTON — 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.

“The interest of society in the enforcement of employment discrimination statutes is undoubtedly important,” Chief Justice John G. Roberts Jr. wrote in a decision that was surprising in both its sweep and its unanimity. “But so, too, is the interest of religious groups in choosing who will preach their beliefs, teach their faith and carry out their mission.”

The decision gave only limited guidance about how courts should decide who counts as a minister, saying the court was “reluctant to adopt a rigid formula.” Two concurring opinions offered contrasting proposals.

http://www.nytimes.com/2012/01/12/us/supreme-court-recognizes-religious-exception-to-job-discrimination-laws.html

So, basically the USSC says it's okay for churches to discriminate against anyone they want (within the church or its organizations--catholic charities, salvation army stores) based on religious beliefs.

[jberryhill]

1. No, not "against anyone"

Not even the summary you posted says that.

But, seriously, if the preacher of Jim-Bob's Baptist Church declares that he no longer believes in whatever they believe at Jim-Bob's, and has instead become an atheist, then you think the folks at Jim-Bob's are legally required to have him give lectures on atheism every Sunday morning?

Or are you saying they should say, "Okay, we understand you are an atheist, but as long as you preach sermons on Baptist beliefs, and be a hypocrite, then that's okay."

I mean, this seems like an "Is the Pope Catholic?" kind of thing. That's a funny rhetorical question because it is generally assumed that the Pope would be Catholic.

This doesn't extend to the janitor. But it seems like it would be tough to run a church if you had to employ religious leaders who didn't believe in the religion at hand, no?

[atreides1]

2. What

Did you read the article...this had nothing to do with her beliefs:

The case, Hosanna-Tabor Church v. Equal Employment Opportunity Commission, No. 10-553, was brought by Cheryl Perich, who had been a teacher at a school in Redford, Mich., that was part of the Lutheran-Church Missouri Synod, the second-largest Lutheran denomination in the United States. Ms. Perich said she was fired for pursuing an employment-discrimination claim based on a disability, narcolepsy.

She was fired, the school said, for violating religious doctrine by pursuing litigation rather than trying to resolve her dispute within the church.

I'm not Lutheran so I don't know exactly which doctrine of the Christian faith she violated, unless it was a doctrine that the Lutherans created for themselves...a just in case doctrine!

[jberryhill]

3. Depends on what you mean by beliefs

You might want to read the full opinion:

http://www.supremecourt.gov/opinions/11pdf/10-553.pdf

Invoking what is known as the “ministerial exception,” the Church argued that the suit was barred by the First Amendment because the claims at issue concerned the employment relationship between a religious institution and one of its ministers. According to the Church, Perich was a minister, and she had been fired for a religious reason—namely, that her threat to sue the Church violated the Synod’s belief that Christians should resolve their disputes internally.

Yes, there are churches who believe that the Bible forbids lawsuits among believers:

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1 Corinthians 6

Lawsuits Among Believers

1 If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? 2 Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? 3 Do you not know that we will judge angels? How much more the things of this life! 4 Therefore, if you have disputes about such matters, do you ask for a ruling from those whose way of life is scorned in the church? 5 I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? 6 But instead, one brother takes another to court—and this in front of unbelievers!

7 The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? 8 Instead, you yourselves cheat and do wrong, and you do this to your brothers and sisters.
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If you read the opinion, the congregation had a meeting and voted to fire her, and offered a settlement where they would continue to pay a portion of her COBRA.

The question then devolves to whether she was or was not within the "ministerial exception" of the relevant statute. Again, the decision goes into the extent to which her position involved religious training and instruction. But having resolved the threshold issue of whether or not her position was within the exception, it is completely unremarkable that there are Christian sects who believe it is a sin to threaten or file lawsuits against other members, or to resolve issues with the church by litigation.

Yes, it is a religious belief. A dumb one, and not an uncommon one. But it is what it is.

[Nye Bevan]

4. Appalling. The Catholic Church blatantly discriminates against non-Catholics

when appointing bishops and cardinals.