Hosanna-Tabor: U.S. Supreme Court Church-State Decision Protects the Church
application of such legislation to claims concerning the employment relationship between a religious institution and its ministers.
"The Court agrees that there is such a ministerial exception. 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 decision. 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. According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.
"The EEOC and Perich contend that religious organizations can defend against employment discrimination claims by invoking their First Amendment right to freedom of association. They thus see no need-and no basis-for a special rule 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 have nothing to say about a religious organization's freedom to select its own ministers."
The Establishment Clause of the First Amendment was intended to protect against the establishment of a National Church and a forced adherence to its doctrine by all citizens. It was more aptly understood as an Anti-Establishment Clause.
Sadly, the interpretation of the Clause has devolved into an interpretation of a Church/State separation which is hostile to religious institutions, discriminates against people of faith and seeks to censor religious speech and expression in the public square.
The Free Exercise Clause of the First Amendment was intended to protect religious institutions and people of faith in their vital role in speaking and acting in an authentically pluralistic society so as to offer their contribution to the common good.
It was presumed that the values informed by religious faith were to be esteemed and welcomed because they actually serve the common good. Sadly, the Free Exercise Clause has been turned on its head - and is now used all too often to silence the Church and the religious speaker and actor.
Finally, the Free Speech clause has been subverted entirely. When the message and the messenger being examined under its increasingly hostile scrutiny is determined by the "State" to be speaking a "religious" or even a "moral" message, its important protections no longer apply.
Religious or "moral" speech is now routinely censored. This is one of the dangers of what Pope Benedict XVI once labeled a "Dictatorship of Relativism". In a culture where there is no objective truth, those who claim otherwise become perceived as a threat.
So, given the growing hostility we now encounter in this Nation and much of the West, this resounding reaffirmation of the rights of Churches and religious institutions to operate freely and follow their own internal doctrine - as well as to determine their own way of resolving their own disputes - at least protects the Church and Religious Institutions for awhile.
However, those of us who know that objective truths such as the fundamental human right to life and the primacy of marriage and the family and society founded upon it have universal applicability cannot rest. Decisions such as Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission simply give us more time.
We know that the truths we proclaim about the dignity of every human person, marriage and authentic human freedom are not simply a matter of our religious doctrine. We also know they cannot be contained within the walls of our churches. They are the very sources of our liberty and are grounded in the Natural Law.
Values informed by the by the Jewish and Christian heritage of the West have given rise to its entire approach to self governance. We cannot - we must not- and we will not - allow them to remain behind the walls of our Church buildings.
After all, that violates our underlying mission - which permeates our entire reason for existence. The Christian faith may be personal, but it is not private. Its message is profoundly public, meant for the whole world. And its messengers will never stop proclaiming it in word, lifestyle and deed.
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Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.
Keywords: Hosanna - Tabor, US Supreme Court, Establishment Clause, Free Exercise Clause, Free Speech Clause, censorship, anti-Christian, anti-Catholic, Justice Roberts, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, Keith A F
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