The On-Going Density of the Robert's Court

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A Michigan schoolteacher who said Hosanna-Tabor Evangelical Lutheran Church violated the Americans with Disabilities Act in 2005 when it fired her after she tried to return to work after being diagnosed with narcolepsy was told by the Supreme Court that her claim was overruled by the 1st Amendment rights of her employer.

This is another example of the twisted stupidity of the Robert's court. Her claim has zero to do with her religious qualifications, which is the basis for the court's decision, and everything to do with her employer (her church) being able to fire her for a physical disability. This decision like the Citizen's United case, makes no sense whatsoever.


Supreme Court OKs job bias in church worker's case

Robert Barnes

The Supreme Court ruled for the first time Wednesday that federal discrimination laws do not protect employees of religious organizations who perform "ministerial" duties.

The court ruled unanimously that the First Amendment's protection of the free exercise of religion dictates the organizations "be free to choose those who will guide it on its way."

The case involved a Michigan schoolteacher who said Hosanna-Tabor Evangelical Lutheran Church violated the Americans with Disabilities Act in 2005 when it fired her after she tried to return to work after being diagnosed with narcolepsy.

The church said that Cheryl Perich was not fit for ecclesiastical office and that her threat to sue violated Lutheran teachings that disputes be handled within the church rather than in civil courts.

Chief Justice John Roberts wrote for the court that such decisions are reserved to religious organizations.

"The interest of society in the enforcement of employment discrimination statutes is undoubtedly important," Roberts wrote. "But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission.

"When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us."

The Equal Employment Opportunity Commission and the Obama administration had backed Perich's suit against the Redford, Mich., religious school.

Wednesday's ruling marked the first time the Supreme Court had acknowledged such an exception.

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This page contains a single entry by cul published on January 12, 2012 3:32 AM.

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