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Court:Judges cannot get involved in church dispute

•  Recent Cases     updated  2012/01/11 10:39



In a groundbreaking case, the Supreme Court on Wednesday held for the first time that religious employees of a church cannot sue for employment discrimination.

But the court's unanimous decision in a case from Michigan did not specify the distinction between a secular employee, who can take advantage of the government's protection from discrimination and retaliation, and a religious employee, who can't.

It was, nevertheless, the first time the high court has acknowledged the existence of a "ministerial exception" to anti-discrimination laws — a doctrine developed in lower court rulings. This doctrine says the First Amendment's guarantee of freedom of religion shields churches and their operations from the reach of such protective laws when the issue involves employees of these institutions.

The case came before the court because the federal Equal Employment Opportunity Commission sued the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich., on behalf of employee Cheryl Perich, over her firing, which happened after she complained of discrimination under the Americans with Disabilities Act.

Writing the court's opinion, Chief Justice John Roberts said allowing anti-discrimination lawsuits against religious organizations could end up forcing churches to take religious leaders they no longer want.



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