Skip to comments.HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH ... v. EEOC (9-0 in support of Church)
Posted on 01/11/2012 9:34:41 AM PST by C19fan
Petitioner Hosanna-Tabor Evangelical Lutheran Church and School is a member congregation of the Lutheran ChurchMissouri Synod. The Synod classifies its school teachers into two categories: calledand lay. Called teachers are regarded as having been called totheir vocation by God. To be eligible to be considered called, ateacher must complete certain academic requirements, including acourse of theological study. Once called, a teacher receives the formal title Minister of Religion, Commissioned. Lay teachers, by contrast, are not required to be trained by the Synod or even to be Lutheran. Although lay and called teachers at Hosanna-Tabor generally performed the same duties, lay teachers were hired only when called teachers were unavailable.
Held: 1. The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against theirchurches, claiming termination in violation of employment discrimination laws. Pp. 615. (a) The First Amendment provides, in part, that Congress shallmake no law respecting an establishment of religion, or prohibiting the free exercise thereof. Familiar with life under the established Church of England, the founding generation sought to foreclose the possibility of a national church. By forbidding the establishment of religion and guaranteeing the free exercise thereof, the Religion Clauses ensured that the new Federal Governmentunlike the English Crownwould have no role in filling ecclesiastical offices. Pp. 6 10.
(Excerpt) Read more at supremecourt.gov ...
If the Court had held otherwise, there would have been a revolution. A ruling against the church here would have set a precedent for the EEOC and plaintiff labor lawyers to force those churches that follow the Scriptures literally to appoint women ministers or homosexuals to the pulpit, in violation of the churches' most fundemental religious beliefs. This would have been the beginning but not the end of government sanctioned persecution of Christianity.
The liberals in the Obama adminstration undoubtedly knew this. But they really overstepped themselves here.
It is not insignificant that Roberts assigned himself to write this opinion and you can pretty much expect him to write most, if not all opinions in similar cases.
Rhenquist wrote almost all the opinions in defamation cases white he was on the SCOTUS.
And let's give credit where it's due: kudos to the Wise Latina and Kagan for voting for freedom.