Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Friday, January 27, 2012

Justices: Constitution protects Redford Lutheran school from fired teacher's suit

Religious groups won new protection against job-bias lawsuits Wednesday after the U.S. Supreme Court tossed a case filed by a teacher fired from a Lutheran school in Redford.

The Constitution protects churches from employment-discrimination claims by ministers, justices unanimously said.

The court also said Cheryl Perich fell within that exception, in part because the church that ran Hosanna-Tabor Evangelical Lutheran Church and School conferred the title of "minister" on her.

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

The Ferndale woman's lawyer, James Roach, said Wednesday the ruling was "very, very discouraging."

"I thought we would get at least some of the justices on board," Roach said of the 9-0 ruling.

He declined further comment, saying he was still reading through the opinion.
Church lawyer Kevin Theriot said the decision was correct.

"The Supreme Court was right to conclude that the government cannot contradict a church's determination of who can act as its ministers," he said in a prepared statement.

Perich and the U.S. Equal Employment Opportunity Commission were seeking to sue under the Americans with Disabilities Act, contending that the school had discriminated against her because she had been diagnosed with narcolepsy. The Obama administration argued that the Constitution doesn't require any special exception for religious organizations. The government said churches, like other employers, are protected primarily by a separate First Amendment right, the freedom to associate.

Roberts called that position "untenable."

The court's reasoning doesn't necessarily preclude all religious-school teachers from suing. Roberts said the rejection of Perich's suit was based on "all the circumstances of her employment."

Original Article
Source: detroit news 
Author: Robert Snell 

No comments:

Post a Comment