Church vs. state in fired teacher's case

[MisterCreosote]

An interesting debate in the Supreme Court: A teacher who worked for a church claims she was fired after getting sick and taking a leave of absence. Does the SCOTUS have the authority to rule in this case, or would that violate seperation of church and state?

http://www.washingtonpost.com/politics/supreme-court-debates-church-and-state-boundary-in-fired-teachers-case/2011/10/05/gIQAN6PpOL_story.html

Only Justice Antonin Scalia seemed completely sure of the answer, repeatedly taking the position that a church’s personnel decisions about those who serve in ministerial positions are off limits to government inquiry.

“It’s none of the business of the government to decide what the substantial interest of the church is,” Scalia said.

But others on the court thought there might be a role for the government, although no consensus was apparent on that or on whether it would apply in the case before them, which involves Cheryl Perich, a former teacher at the Hosanna-Tabor Evangelical Lutheran Church and School in Redford, Mich.

Discuss.

 

[cranberry]

Churches don't have immunity from federal laws that protect workers and/or the disabled.

 

[93Devil]

You cannot pick and choose when you want to be treated like a public school employee.

If private schools want to offer special education and be under the scrutiny of No Child Left Behind, then we will discuss treating them like a public school.

 

[Stitch]

I see a narrowly-tailored decision, because you can't apply a sweeping doctrine on religious schools that aren't uniform in character.

 

[RickStain]

Churches don't have immunity from federal laws that protect workers and/or the disabled.

They should.

 

[Ace]

Interesting case. Seems the trickiest part is that she took on some ministerial functions and was not just a lay teacher.

 

[Bubbler]

If she got fired because she invoked ADA, she's got a case.

If she got fired from "being a minister", I have to agree with Scalia.

Either way, sounds like the school/church are a bunch of dicks.

 

[Ace]

If she got fired because she invoked ADA, she's got a case.

If she got fired from "being a minister", I have to agree with Scalia.

Either way, sounds like the school/church are a bunch of dicks.

Put me down for this too, Bubbly.

 

[outofplace]

Churches don't have immunity from federal laws that protect workers and/or the disabled.

They should.

No, they really shouldn't.

 

[93Devil]

A group that does not pay taxes or receive funds from the government should not be able to cry to the government.

Yeah, I want to teach with no rules and no government interference... lalalalalala...
Oh wait, I think I was wronged by my employer who gave me all these freedoms from the government? GOVERNMENT!!!! I NEED YOU!!!

 

[Ace]

A group that does not pay taxes or receive funds from the government should not be able to cry to the government.

Yeah, I want to teach with no rules and no government interference... lalalalalala...
Oh wait, I think I was wronged by my employer who gave me all these freedoms from the government? GOVERNMENT!!!! I NEED YOU!!!

The teacher pays taxes. It's the church that doesn't.

 

[cranberry]

Churches don't have immunity from federal laws that protect workers and/or the disabled.

They should.

What on earth is your rationale for that?

 

[93Devil]

A group that does not pay taxes or receive funds from the government should not be able to cry to the government.

Yeah, I want to teach with no rules and no government interference... lalalalalala...
Oh wait, I think I was wronged by my employer who gave me all these freedoms from the government? GOVERNMENT!!!! I NEED YOU!!!

The teacher pays taxes. It's the church that doesn't.

But she enjoyed all the benfits (no rules at all) of teaching for a church while she was employed.

 

[Double J]

Interesting case. Seems the trickiest part is that she took on some ministerial functions and was not just a lay teacher.

Poindexter just got wood and knows exactly why.

 

[Stitch]

Supreme Court unanimously rules against teacher, recongizing the "ministerial exception".

http://www.nytimes.com/2012/01/12/us/supreme-court-recognizes-religious-exception-to-job-discrimination-laws.html

 

[young-gun11]

On another topic completely, sort of, separation of church and state has nothing to do with this--at all. I mean, when is someone going to actually, you know, read the Constitution? Seriously, people!

 

[Ace]

On another topic completely, sort of, separation of church and state has nothing to do with this--at all. I mean, when is someone going to actually, you know, read the Constitution? Seriously, people!

Good point. This is more of a case of separation of church and pocketbook.

 

[User 11148]

A group that does not pay taxes or receive funds from the government should not be able to cry to the government.

Yeah, I want to teach with no rules and no government interference... lalalalalala...
Oh wait, I think I was wronged by my employer who gave me all these freedoms from the government? GOVERNMENT!!!! I NEED YOU!!!

Let's go all reductio ad absurdum here ... per this line of thought, a parochial school wronged by some governmental action should not go to the courts (i.e., the government) to seek redress. That about right?

 

[93Devil]

A group that does not pay taxes or receive funds from the government should not be able to cry to the government.

Yeah, I want to teach with no rules and no government interference... lalalalalala...
Oh wait, I think I was wronged by my employer who gave me all these freedoms from the government? GOVERNMENT!!!! I NEED YOU!!!

Let's go all reductio ad absurdum here ... per this line of thought, a parochial school wronged by some governmental action should not go to the courts (i.e., the government) to seek redress. That about right?

You are referring to an entire school and not an individual.

 

[User 11148]

A group that does not pay taxes or receive funds from the government should not be able to cry to the government.

Yeah, I want to teach with no rules and no government interference... lalalalalala...
Oh wait, I think I was wronged by my employer who gave me all these freedoms from the government? GOVERNMENT!!!! I NEED YOU!!!

Let's go all reductio ad absurdum here ... per this line of thought, a parochial school wronged by some governmental action should not go to the courts (i.e., the government) to seek redress. That about right?

You are referring to an entire school and not an individual.

Sorry, misunderstood your post. You said "group," so I assumed you meant the school. Still works, though. Teacher X goes to a parochial school because she wants to teach without governmental interference. Teacher X falls down a staircase that was negligently constructed by the school. You're saying she can't (or shouldn't) avail herself of the courts to seek rightful compensation?