Strike one up for religious liberty. The Supreme Court ruled against the government’s ability to interfere with church employment hiring–in this case, firing–practices.
The decision is a breakthrough for religious liberty. At issue in this case, was whether ‘ministerial exception’–which prohibits employment-related lawsuits against religious organizations by employees who perform religious duties–should apply to a teacher at a religious elementary school who teaches mostly secular subjects, yet also teaches daily religion classes. The court had to determine if the plaintiff, Cheryl Perich, would be considered a “commissioned minister” since she led students in prayer and worship. The plaintiff had been diagnosed with narcolepsy and decided to take a leave of absence. The school subsequently filled her position and later asked her to resign. When she threatened to file a lawsuit for Equal Employment discrimination, she was fired–the church cited that she did not attempt to resolve the matter within the church.
In a 9-0 vote, the Supreme Court unanimously reversed the Sixth Circuit Court’s ruling, citing that the ‘ministerial exception’ clause, designated in the Civil Rights Act of 1964, applies to this specific case. Chief Justice John Roberts and the other eight justices on the Supreme Court, however, were unwilling to create a “rigid formula” to determine future ‘ministerial exception’ cases.
The decision in Hosanna-Tabor Church v EEOC is a significant step forward for religious liberty in an increasingly secular society that has become more hostile to religion. The 9-0 vote was a bit shocking to me, considering whom President Obama recently nominated to the bench. But, it appears that reason and adherence to original intent jurisprudence ruled the day.
Posted on January 11, 2012
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