SCOTUS Decides Important Religious Freedom Case
We discussed the case of Hosanna-Tabor v. EEOC a few times last year. This was a case deciding whether a church could fire a religious employee on religious grounds. It was a messy case for a number of reasons but the most surprising and appalling thing about it was the approach that Obama's Justice Department took.
As our Adam Freedman wrote:
The legal issue is the scope of the so-called “ministerial exception,” which is a long-standing doctrine that exempts religious organizations from employment-discrimination laws, at least with respect to "ministerial employees." There was some thought that the administration would argue that the exception should not apply in this case because the teacher wasn't "ministerial" (she also taught secular subjects). But no, the Obama DOJ is arguing that the "ministerial exception" shouldn’t exist at all.
This approach posed a huge threat to religious freedom. So I'm happy to note that the Supreme Court unanimously decided in favor of religious freedom. That's a nice loss for the Obama administration, one we can all be pleased with regardless of our particular political and religious views.
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Comments:
Jul '10
Re: SCOTUS Decides Important Religious Freedom Case
Another stinging, ignominious defeat for the Almighty Church of the Holder.
Jul '11
Re: SCOTUS Decides Important Religious Freedom Case
Great. Thanks Mollie. This is indeed a critical decision and a slap down for the most anti American DOJ ever.
Jun '10
Re: SCOTUS Decides Important Religious Freedom Case
Most churches, by their nature, are undemocratic and judgmental. If you can't live with that, don't get involved with them in the first place. By the act of suing the Church, without bothering to go through the internal process, the teacher was determined to have insufficient Christian humility--a fair conclusion by their standards.
Oct '10
Re: SCOTUS Decides Important Religious Freedom Case
The decision is here (PDF).
Mar '11
Re: SCOTUS Decides Important Religious Freedom Case
So even a die hard socialist and former employees of Holders thought he went to far. If this had been the Bush admin this is all we would hear about for the next week beside primary coverage on NPR, the major Networks and Cable.
Edited on January 11, 2012 at 6:07pmSep '10
Re: SCOTUS Decides Important Religious Freedom Case
Thanks be to God. Of course, the Obamabots will try again. Another reason to vote GOP even if the nominee isn't quite what the doctor ordered.
Jun '11
Re: SCOTUS Decides Important Religious Freedom Case
What an astonishing thing to say. Are you at all familiar with church polity in indigenous American churches? A great many churches are extremely democratic. (I'm not saying it's a good thing, by the way.)
Re: SCOTUS Decides Important Religious Freedom Case
This is very good news, indeed -- an obstacle to governmental intrusiveness, and a reassertion of the public-private distinction in one crucial sphere. The unanimity of the court is quite heartening.
Jun '10
Re: SCOTUS Decides Important Religious Freedom Case
Christopher Esget
What an astonishing thing to say. Are you at all familiar with church polity in indigenous American churches? A great many churches are extremely democratic. (I'm not saying it's a good thing, by the way.) · Jan 11 at 9:17am
I was a member of a democratic church once. That's why I left.
Mar '11
Re: SCOTUS Decides Important Religious Freedom Case
I couldn't resist taking a peek over at the HuffPuff and WaPo comments section. As expected, plenty of bile from Liberals. "Tax the churches!" seems to be the biggest rant. I'm laughing at them.
Nov '10
Re: SCOTUS Decides Important Religious Freedom Case
The need for "ministerial exception" just emphasizes how stupid and intrusive the anti-discrimination laws are. Businesses should be able to fire or refuse to hire for any reason or no reason at all. How else can you run a Hooters?
Jun '11
Re: SCOTUS Decides Important Religious Freedom Case
etoiledunord
I was a member of a democratic church once. That's why I left. · Jan 11 at 9:23am
So, are you saying that church was an anomaly? I suppose we're all shaped by our own experiences; my church body is intensely democratic, on both the congregational and national levels. (In my view it leads to many problems; but then, hierarchy hasn't exactly saved the ECUSA from error...)
May '10
Re: SCOTUS Decides Important Religious Freedom Case
I'm very glad, and I believe the exemption should not be limited at all. At my church, one of the finest evangelists we've ever had was a man who worked as the custodian for many years. He was definitely not a pastor who had missed his calling; custodial work suited him fine, and dovetailed perfectly with his spiritual gift. The idea that a church may not be biased in favor of hiring someone like him is ridiculous.
Feb '11
Re: SCOTUS Decides Important Religious Freedom Case
Christopher Esget
etoiledunord
I was a member of a democratic church once. That's why I left. · Jan 11 at 9:23am
So, are you saying that church was an anomaly? I suppose we're all shaped by our own experiences; my church body is intensely democratic, on both the congregational and national levels. (In my view it leads to many problems; but then, hierarchy hasn't exactly saved the ECUSA from error...) · Jan 11 at 9:30am
Maybe this is fodder for a whole new thread, but I think the idea of a democratic church is an oxymoron, since democracy means rule by the people, and a church should be founded upon God's rule. A democratic society of believers can exist, but not a democratic church. As an unrepentant Catholic, I'm all for hierarchy.
Jun '11
Re: SCOTUS Decides Important Religious Freedom Case
Mama Toad
Maybe this is fodder for a whole new thread, but I think the idea of a democratic church is an oxymoron, since democracy means rule by the people, and a church should be founded upon God's rule. A democratic society of believers can exist, but not a democratic church. As an unrepentant Catholic, I'm all for hierarchy. · Jan 11 at 9:46am
It certainly could be an entirely separate discussion. I agree with you for the most part. The problem is when the hierarchy rebels against God's rule. But then, you probably would expect a Lutheran pastor to say that. ;)
Oct '10
Re: SCOTUS Decides Important Religious Freedom Case
Does the comparison between running a church and running a Hooters have any more parallels?
May '10
Re: SCOTUS Decides Important Religious Freedom Case
"Hosanna vs. Tabor" sounds like the name for a freedom of religion court case in a Dickens novel.
Jun '10
Re: SCOTUS Decides Important Religious Freedom Case
Mama Toad
Maybe this is fodder for a whole new thread, but I think the idea of a democratic church is an oxymoron, since democracy means rule by the people, and a church should be founded upon God's rule. A democratic society of believers can exist, but not a democratic church. As an unrepentant Catholic, I'm all for hierarchy. · Jan 11 at 9:46am
Excellent decision--nice slap-down at our out-of-touch President and AG.
From a Mormon perspective, I too am all for hierarchy.
Jun '10
Re: SCOTUS Decides Important Religious Freedom Case
Actually the name of the case is Hosanna-Tabor Lutheran Evangelical Church v. EEOC. A little less Dickensian.
Another little twist is that Kagan and Alito joined together in a concurring opinion. That doesn't happen very often.
Edited on January 11, 2012 at 7:18pmMay '10
Re: SCOTUS Decides Important Religious Freedom Case
tabula rasa
Actually the name of the case is Hosanna-Tabor Lutheran Evangelical Church v. EEOC. A little less Dickensian.
I should have known it was too good to be true.