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The U. S. Supreme Court has released a ground-breaking case on religious liberty that will have far-reaching effects. Interestingly, this is a unanimous opinion. I have not seen the opinion itself, but I am noting the highlights from the Associated Press report."The case came before the court because the Federal Equal Employment Opportunity Commission sued the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Michigan, on behalf of employee Cheryl Perich, over her firing which happened after she complained of discrimination under the Americans With Disabilities Act."
"Writing the court's opinion, Chief Justice John Roberts said allowing anti-discrimination lawsuits against religious organizations could end up forcing churches to take religious leaders they no longer want."
Roberts stated: "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."
The attorney for the church stated: "The court has unanimously confirmed the right of churches to select their own ministers and religious leaders." This case is the first in which the Supreme Court has recognized a "ministerial exception" to anti-discrimination laws.
It appears to settle the question of whether a woman or homosexual, for example, could sue a church for discrimination in hiring. One lawyer also opined that "the decision will make it virtually impossible for ministers to take on their employers for being fired for complaining about issues like sexual harassment."
The one question the court seems to have left open for now is how to distinguish between religious employees and those who are purely secular.
