Hosanna-Tabor: U.S. Supreme Court Church-State Decision Protects the Church
Values informed by the by the Jewish and Christian heritage of the West have given rise to its entire approach to self governance
The United States Supreme Court, in an opinion entitled Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, has issued one of the most important Religion Clause cases of the last fifty years. The fact that the decision of the US Supreme Court was unanimous adds to its weight; coupled with the issuance of three substantial opinions filled with material for lawyers engaged in defending Churches and religious institutions.
United States Supreme Court
PrintWASHINGTON,DC (Catholic Online) - On January 11, 2012 the United States Supreme Court, in an opinion entitled Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, issued one of the most important Religion Clause cases of the last fifty years.
This was a unanimous opinion. The majority opinion was written by Chief Justice Roberts. Two concurring opinions were filed; one by Justice Thomas and a second by Justice Alito who was joined by Justice Kagan.
On its facts, the case may seem an unlikely candidate for such a sweeping assessment.
Cheryl Perich was a commissioned or called lay teacher at a Lutheran School in Michigan. In 2004 she was asked to resign after a six month leave of absence for a disability called narcolepsy, upon certain terms and with assistance. The terms were set forth in the internal employment manuals of the school.
The teacher objected and the school sought a resolution under their internal dispute resolution procedure. Ms Perich pursued another avenue - the Equal Employment Opportunity Commission. She sought to file a claim under the Americans with Disabilities Act (ADA), a Federal Statute. The EEOC assisted her in the effort.
Those facts set up what will be viewed for many years as one of the most significant Church/State cases in American Law. This is often how such matters unfold in the world of American Jurisprudence.
Ms Perich attempted to argue that she was in essence a lay employee since she was not ordained clergy. She further argued that she essentially taught "secular" subjects and thus did not fall under what has been called the "ministerial exception" to certain Federal legislation.
The School claimed that she was "called" according to their internal doctrinal schema. Further, that all teaching at the school was a part of the mission of the Church. Finally, they maintained that the Church's internal dispute resolution system was to be followed because this was a Church institution.
The fact that the decision of the US Supreme Court was unanimous adds to its weight; coupled with the issuance of three substantial opinions. The Court sets forth in its legal analysis a wide array of assistance for lawyers engaged in defending Churches and religious institutions. In fact, to expand the opinion to more fully protect the Church in all of her work, the concurring opinions offer needed assistance for good lawyers.
That has become essential these days as hostility toward the Church grows under our secularist regime. There is a difference between a secular approach to governance and secularism, an ideology at odds with properly accommodating religious faith,churches,religious institutions and religious speakers.
Lawyers are now regularly called upon to protect the Church from ever increasing Governmental encroachment and interference.I am such a lawyer.I spent much of my career in this very important work.
This important opinion of the U.S. Supreme Court comes just as the effort to compel Church and faith based institutions to implement the "Affordable Care Act" ramps up. Part of its implementation involves efforts to compel distribution of contraceptives and the provision of abortion services at Catholic institutions. Of course, the Church will not comply with any effort to compel such a result.
In its slip opinion the Majority of the Supreme Court summarized the evolution of Church State Matters in American history in these words:
"1. The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws.
"(a) The First Amendment provides, in part, that "Congress shall make 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.
"(b) This Court first considered the issue of government interference with a church's ability to select its own ministers in the context of disputes over church property. This Court's decisions in that area confirm that it is impermissible for the government to contradict a church's determination of who can act as its ministers.
"(c) Since the passage of Title VII of the Civil Rights Act of 1964 and other employment discrimination laws, the Courts of Appeals have uniformly recognized the existence of a "ministerial exception," grounded in the First Amendment, that precludes ...
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Santorum is not being backed by the GOP. YET! This man will not please all but he will act with regard to our Constitution and Declaration of Independence. We have not seen this honest of a politician and we need to support him. Please continue to weigh all that occurs. The sooner that the GOP backs the peoples' choice, the sooner they can start to rally behind the candidate who will beat the liberals in November.
Rob, unless the Conservatives win with a super majority, the fanatic Abortionist Marxist Democrat Party will play every dirty trick up their sleeves to block Pro-Life legislation.
Judy, yes, when Rob and Everett talk about "Both Sides" being equally responsible, they conveniently over look the fact that the Liberals on "Both Sides" have blocked any kind of Pro-Life legislation. The politicians who they voted for are responsible for our protecting the status quo to keep those Baby Killing machines running in high gear. The obedient followers of the Marxist Democrat Party will never challenge their leaders or hold them accountable. When GOP politicians misbehave, the Conservatives throw them under the bus in a hurry. Not so with the Marxists. Charles Rangel, Eric Holder anyone?
vance, I am not holding my breath for the starts to align that we have these supposed conservative conservatives. This brings me full circle to something I've said from the beginning. If the life issue was an important to the GOP as taxes and deregulation was, this would be a done deal. I guess we can continue to hope, but I'm not holding my breath.
Vance: You clarified your message quite well on your last post, 1-18. That said, I of course am thrilled at the outcome! However, as Everett's post points out,1-12, I wonder if the reason that it did go so smooth...especially w/Obama appointees, was because this is an election year. Just thinking? Anyone else? Blessings...
Rob, a Conservative President Santorum or Gingrich with a Super Majority Conservative Congress is the only way Roe vs Wade will be over turned. A Super Majority means that the Conservative President will have a "Filibusterer Free" congress just as Obama had to ram his Obamacare down America's throat because the GOP did not have the numbers to stop it. Bush's GOP majorities were compromised by Liberal GOP's like Susan Collins, Olympia Snowe, Lincoln Chaffey, and others who were Hardcore Abortionists. They always teamed up with the Marxist Democrat Party to protect Killing Babies. This is why all Liberals from either party must be defeated.
So vance are you saying that given our recent history of super majorities, that the folks in the majority were not conservative enough? Wouldn't the same apply to the democrats when they failed to pass or even bring to the floor FOCA? I'm not sure what it will take to get the stars to align to get Roe overturned, but it just seems like you are constantly moving the bar by saying they were really liberals in disguise. At some point don't you just have to admit that when it comes to social issues, the status quo rules the day? I don't see much movement from that on abortion at the federal level. Dems will tinker with the Mexico city policy and enact things to make getting abortions easier, GOP will reverse them when they get in office....all very predictable. But at the end of the day they never seriously go after any real legislation. Given our economic situation, do you really believe that Santorum or Gingrich will really make this a part of the REAL platfor? Call me jaded, but I think not.
Everett, It's good that you question everything. If you question the Catholic Church your answer is going to be truth every time. Keep questioning and keep getting the truth. If you are talking about the Liberal Establishment Republicans, I agree with you. They hate conservatives and will do everything possible to keep them out of the game. If we want to see an end to Roe vs Wade, a President Santorum or Gingrich with a super majority Conservative Congress is the only way that will happen. Snake oil? Again I agree. Obama and the Marxist Democrat Party are both the snake and the oil. Name calling: Obama and the Marxist Democrat Party are taking this country and the Catholic Church down. I refuse to suffer fools. We have millions of people suffering because of these evil people. They deserve no respect from me.
It bears observing that in this decision the Supreme Court unanimously affirmed the separation of church and state that some today attack as a myth. While the Court did not utter that phrase, it expressly affirmed earlier Supreme Court decisions that plainly proclaim that principle and predicated its decision on those earlier decisions.
Excellent news. Please improve the format to present in the first paragraph a good explanation of the news. It only states that the Court took a good decision but ir doesn't say what decicion. After succesfully stating the news in the first paragraph, then we can eventually read the details.
Blessings,