Courtroom Drama: Supreme Court debates limits of the ‘ministerial exception’

[cleanhippie]

The first Monday in October was just three days ago, and if you’re a law junkie, you know what that means: The U.S. Supreme Court is back in session. Wednesday morning, the high court heard oral arguments in the only church-state case on its docket so far. The case, Hosanna Tabor Evangelical Lutheran Church v. EEOC, deals with some fairly complex issues but is definitely worth keeping an eye on.

--snip--

For decades, courts have recognized something called the “ministerial exception.” In a nutshell, this judge-crafted rule gives houses of worship an exemption from the civil rights laws that every other group must follow. Now questions are being raised about how broad this exemption should be. Does it give churches an absolute right to fire pastors for any reason under the cover of religious liberty? Does it extend to other types of church employees? Who exactly qualifies as a “minister” anyway?

-snip--

Americans United takes what we believe is a sensible middle-ground course. When it comes to theology, a house of worship can hire and fire as it sees fit. As AU’s Lynn said today, “A Baptist church shouldn’t have to consider a Buddhist monk as its pastor.”

But granting religious institutions a sweeping right to fire people for reasons unrelated to religion goes too far. If a department store fired you because of your sex or skin color (or because you alerted authorities to illegal activity) you would have the right to bring your case into court. The same standard should apply to employees of religious organizations.

http://www.secularnewsdaily.com/2011/10/06/courtroom-drama-supreme-court-debates-limits-of-the-%e2%80%98ministerial-exception%e2%80%99/

[laconicsax]

1. How many Buddhist monks are applying to be Baptist preachers?

Inquiring minds want to know.