HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH ... v. EEOC (9-0 in support of Church)

Petitioner Hosanna-Tabor Evangelical Lutheran Church and School is a member congregation of the Lutheran Church–Missouri Synod. The Synod classifies its school teachers into two categories: “called”and “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. 6–15. (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 Government—unlike the English Crown—would have no role in filling ecclesiastical offices. Pp. 6– 10.

"[The liberals] argue that there is no need for an exception for ministers grounded in the Religion Clauses themselves. Their position, however, is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations. The Court cannot accept the remarkable view that the Religion Clauses havenothing to say about a religious organization’s freedom to select its own ministers"

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.

Really good news. A contrary finding would have opened the door to government licensing of clergy, which is the end of freedom of religion.

And let's give credit where it's due: kudos to the Wise Latina and Kagan for voting for freedom.

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