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Supreme Court sides with church on decision to fire employee on religious grounds

By dcbii on Wed, 01/11/12
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Supreme Court
Religious Freedom
Religious Liberty
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“The Supreme Court has sided unanimously with a church sued for firing an employee on religious grounds, issuing an opinion on Wednesday that religious employers can keep the government out of hiring and firing decisions.”
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Discussion

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Shaynus

NewThis is a big deal

Wed, 01/11/12
It was unanimous, which means liberal justices went along with everything Justice Roberts says. (there were some concurring opinions). It’s a big deal for churches hiring and firing pastors.

“Until today, we have not had occasion to consider whether this freedom of a religious organization to select its ministers is implicated by a suit alleging discrimination in employment. The Courts of Appeals, in contrast, have had extensive experience with this issue. Since the passage of Title VII of the Civil Rights Act of 1964, 42 U. S. C. §2000e et seq., and other employment discrimination laws, the Courts of Appeals have uniformly recognized the existence of a “ministerial exception,” grounded in the First Amend- ment, that precludes application of such legislation to claims concerning the employment relationship between a religious institution and its ministers.2
We agree that there is such a ministerial exception. The members of a religious group put their faith in the hands of their ministers. Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment deci- sion. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments.” Roberts, p. 13.
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