ACLJ Applauds Supreme Court Decision Protecting Church Authority to Hire and Fire Employees

WASHINGTON, Jan. 11, 2012 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), focusing on constitutional law, today applauded a decision by the U.S. Supreme Court that overturned a lower court decision and concluded that courts should not intervene in the workings of churches. In a unanimous decision, the high court correctly concluded that the First Amendment protects the ability of churches and church schools to select their ministerial employees without government intrusion. The ACLJ filed a friend-of-the-court brief in the case, on behalf of itself and the InterVarsity Christian Fellowship/USA.

"This is a tremendous victory for religious freedom," said Jay Sekulow, Chief Counsel of the ACLJ. "The fact that the Court was unanimous underlines how essential a part of religious liberty is the principle that churches and synagogues get to select their religion teachers. Government has no business deciding who should or should not carry out religious ministry, and we're delighted the high court reached that conclusion."

The case involved a religiously commissioned teacher who taught in a Missouri Synod Lutheran school but was fired after she became confrontational with the school administration. The federal EEOC and the teacher herself teamed up to sue the church, claiming the church "retaliated" against her for threatening to sue over a medical disability.

A federal district court threw the case out on the grounds that the so-called "ministerial exception" to employment laws barred court review of the retaliation claim. But a federal appeals court reinstated the lawsuit, reasoning that the teacher's religious role and duties were outweighed by her instruction of the students in secular subjects.

The Supreme Court today overturned that appeals court decision. The Court concluded that both the Free Exercise Clause and the Establishment Clause of the First Amendment protects the freedom of churches to select religiously commissioned teachers for their religious grade schools.

In its opinion, the high court concluded: "The interest of society in the enforcement of employment discrimination statutes is undoubtedly important," said Chief Justice John Roberts. "But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission."

"When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us. The church must be free to choose those who will guide its way," Roberts added.

The case decided today: Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (EEOC) (No. 10-553).

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice (ACLJ) focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  

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SOURCE American Center for Law and Justice

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