A high-stakes church fight
- Nov 9, 2011 -
The United States Supreme Court is currently deciding what could be an important religious liberty case. Hosanna-Tabor Evangelical Lutheran Church and School versus the Equal Employment Opportunity Commission is a lawsuit under the Americans With Disabilities Act.
The facts are: A church-run Lutheran grade school near Detroit fired a teacher of primarily nonreligious subjects after she took an extended leave of absence to treat a medical condition. In the middle of the school year, she wanted to return to work. The church determined she might not be ready healthwise and opted to allow her class to continue under the long-term substitute who had taught since the first of the year.
The teacher sued the school, which held to the principle that ministerial employees should not bring secular courts into a church dispute. The church and school are arguing that her job is entitled to what is called a ministerial exception to job discrimination lawsuits. Even though she mainly taught reading, writing and ‘rithmetic to her third and fourth grade students, this teacher also led her students in prayer several times a day and taught a religion class four times per week. In firing her, the church said it was rescinding her call as a commissioned minister. The courts should not have a say in a church’s decision to do that.
The case landed at the Sixth Circuit Court of Appeals, which ruled against the church. The judges held that this firing does not fall within the scope of the ministerial exception. They basically took the minutes per week the teacher spent on so-called “religious” formation and compared them to the time spent teaching what they defined as secular subjects. But Christian educators, and families who have their children in Christian schools, know that the whole idea behind Christian education is to provide a Christ-centered curriculum and worldview throughout the school day. Faith is to be integrated into all subjects. The Hosanna-Tabor church “called” this teacher into its ministry, and its relationship with her falls under the First Amendment’s religious protection. But the appeals court did not see it that way.
Certainly the Supreme Court should reverse this decision. However, just a few weeks before oral arguments, the Obama Administration injected a new ingredient into the mix. Before that, the case seemed not to be whether a ministerial exception exists, but how it is to be used. Now, the Obama Justice Department has filed an opposition brief that questions the very existence of a ministerial exception.
The DOJ’s position, should it prevail, would deprive churches and other religious institutions of well-established protection from employment discrimination claims, taking government deep into church affairs.
Churches face many questions secular courts should not claim the power to answer. Nor should the church give the courts the power to answer them. The relationship between a congregation and its ministers, including teachers in its schools, should not be under the purview of government.
Penna Dexter is a conservative activist and frequent panelist on the “Point of View” syndicated radio program. Her weekly commentaries air on the Bott and Moody Radio Networks.
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