In what some legal scholars were calling the most significant religion case in 20 years, the Supreme Court ruled today that a Lutheran school teacher was a "minister" who could not sue the church that fired her in 2005.
"The First Amendment provides, in part, that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,'" Chief Justice John Roberts wrote in the unanimous opinionfor Hosanna-Tabor v. EEOC. "We have said that these two Clauses 'often exert conflicting pressures,' and that there can be 'internal tension … between the Establishment Clause and the Free Exercise Clause.' Not so here. Both Religion Clauses bar the government from interfering with the decision of a religious group to fire one of its ministers."
"This is a huge win for religious liberty," said Douglas Laycock, a University of Virginia Law School professor who represented the church at the Supreme Court's oral arguments in October. "The Court has unanimously confirmed the right of churches to select their own ministers and religious leaders. It has unanimously held that the courts cannot inquire into whether the church had religious reasons for its decisions concerning a minister. The longstanding unanimity in the lower courts has now been confirmed by unanimity in the Supreme Court."
Today's decision marks the first time the justices have considered what is widely knows as "the ministerial exception" to antidiscrimination employment laws. While the top court has never directly ruled on whether such an exception exists or protects religious organizations from lawsuits on such matters, Roberts noted, appellate ...1
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