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May 26, 2012

Home > 2011 > JulyChristianity Today, July, 2011
Ministerial Murkiness: Biggest Religion Case in 20 Years?
Supreme Court hears arguments today on whether fired teacher is a religious employee.




A dispute that pits the principle of church autonomy against an unfair firing claim is headed for the U.S. Supreme Court.

At issue is whether an elementary school operated by a Missouri Synod Lutheran church in Michigan was justified in dismissing a teacher attempting to return to work after a disability leave related to narcolepsy. She filed a claim with the Equal Employment Opportunity Commission, alleging a violation of the Americans with Disabilities Act.

Though a decision may be an entire year away, churches are keeping a close eye on the case. The turning point is whether the teacher can be considered a ministerial employee, since she led prayer, devotions, and religion studies. If so, the church, Hosanna-Tabor, would be free to dismiss the teacher under the "ministerial exception" of the 1964 Civil Rights Act.

Rick Garnett, associate dean of the University of Notre Dame Law School, considers this the most significant religious freedom case in 20 years. He says a ruling against the school would narrow the existing exception too far, allowing courts to interfere with religious employment decisions. One in the school's favor would affirm the religious freedoms granted to institutions.

Garnett expects the court to affirm the existing exception. "What's harder to predict is the scope of that exception, or the test or standard the court will propose to lower courts," he said.

However, the legal counsel for the Assemblies of God sees Hosanna-Tabor v. EEOC as having less significance. Richard Hammar said the challenge will be to clarify how the law applies to non-pastoral employees who perform religious functions.

"It could be of major significance if the court limits the ministerial exception [to] ordained pastors performing pastoral duties, but I do not foresee this happening," he said.

Stanley Carlson-Thies, president of the Institutional Religious Freedom Alliance, said the implications extend to free speech concerns.

"There are big freedom issues which we have to be careful not to undermine because of sympathy or lack of sympathy for a particular person involved in a particular case," he said, acknowledging the teacher may ultimately win in the court of public opinion. "This is one of the challenges we face, particularly when many people in society will find it easy to sympathize with the employee."


Related Elsewhere:

SCOTUSBlog has more background on Hosanna-Tabor v. EEOC.





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Displaying 1–5 of 6 comments

Mark Hancock

July 14, 2011  8:55am

Thank you, "Original Anna Anna"! Common sense in the midst of legal obfuscation!

D Bible

July 09, 2011  7:08am

Does she presently have ministerial tax-exempt privileges (housing allowance especially)? If so, then the government and the school have accepted her as "ministerial." If not, are there exceptions to ministerial tax-exempt status that would qualify her in that category? That was my litmus test sein teaching Religious Studies at a Christian liberal arts college.

archae ologist

July 08, 2011  5:39am

The church cannot have it both ways. if teachers are normally considered laymen, even though they lead prayers and bible studies in a church, then the church cannot automatically declare them ministerial workers when it suits them. If the person was hired as a teacher then the ministerial exception does not apply. Churches need to lead the way in honesty and be honest employers. of course there is way too much information missing from the story to say much more. the organized church sets such a bad example for the unchurched world and it needs to revamp its perspective and get back to biblical based attitudes and actions.

Original Anna Anna

July 06, 2011  5:47pm

Is she cured? That 's what medical leave is for. If she's not cured, she's a physical and mental danger to those she's teaching. Children don't need to be terrified over and over that this might be the time their teacher doesn't wake up. It's called torture. But a person coming back from medical leave needs a doctor's okay to be able to work or should need a doctor's okay. Otherwise, she goes on disability. If she's "cured" and doesn't fall asleep again she should keep her job. Otherwise, you can start telling people with other illnesses coming back from medical leave, they're gone when the doctor says they're capable of working, like after a heart attack, surgery, cancer treatment, etc., etc., you get the picture. Religion really has nothing to do with it. It's discrimination concerning people with medical conditions who can work especially with medicine, illnesses like epilepsy, etc. although I wouldn't want to take on a full day with the kids of today if it was a painful struggle.

Alfred Rose

July 05, 2011  5:12pm

From a legal perspective, the interpretation offered here may well miss the point -- if the teacher is being rejected not for religious reasons/principles but rather for reasons related to her disability, then this case might well be decided on much narrower grounds without addressing the issues mentioned in this article. It is highly unlikely that even this Supreme Court would be willing to accept considerations of her disability as a valid religiously-based objection, and thus the case could be addressed solely on the basis of disability law.

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