Quantum Windbag
Gold Member
- May 9, 2010
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- #361
Once again, what about Hosanna-Tabor Evangelical Lutheran Church v. EEOC? Can you explain how, if religious liberty only applies directly to religion, a religious exemption to employment law exists for schools?
Anything?
Why do you keep referencing cases you obviously haven't read. That case deals with MINISTERS employed by the church. The church's selection of ministers, and serving as a minister, is an inherently religious activity, donchathink?
The court held that freedom of religion bars a minister from bringing suit against a former employer-church, on the basis of discrimination. This makes perfect sense, because the constitution prohibits the government from interfering with churches selection of their own ministers. Applying such relevant statutes to the church under the specific issue of the church selecting its ministers, as well as a court issuing an order to reinstate such a minister against the church's wishes, would constitute direct interference by the government in explicitly religious realms, regarding inherently religious activities. It is completely consistent with everything I have said. As the court said, "By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious groups right to shape its own faith and mission through its appointments. According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions."
Oh, nice try.
The case specifically deals with a teacher employed by a church run school school, and clearly rejected the governments position that only employees with exclusively religious functions were covered by the ministerial exception, which probably doesn't exist anyway.
Go read the decision before you try to tell me it only deals with ministers.