Posted on 01/11/2012 2:39:31 PM PST by americanophile
Wednesday the United States Supreme Court delivered a knockout blow to the White House in the cause of religious liberty.
Chief Justice John Roberts, writing for a unanimous court swatted away the governments claim that the Lutheran Church did not have the right to fire a minister of religion who, after six years of Lutheran religious training had been commissioned as a minister, upon election by her congregation.
The fired minister -- who also taught secular subjects -- claimed discrimination in employment. The Obama administration, always looking for opportunities to undermine the bedrock of First Amendment religious liberty, eagerly agreed.
There was just one big problem standing in the way of the government's plan: the U.S. Constitution. For a long time American courts have recognized the existence of a "ministerial exemption" which keeps governments hands off the employment relationship between a religious institution and its ministers or clergy.
Here, in this case, the Department of Justice had the nerve to not only challenge the exemptions application but also its very existence.
But, Chief Justice Roberts pushed back hard, telling the government essentially to butt out:
Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the free exercise clause, which protects a religious groups right to shape its own faith and mission through its appointments. According the state the power to determine which individuals will minister to the faithful also violates the establishment clause, which prohibits government involvement in such ecclesiastical decisions.
(Excerpt) Read more at foxnews.com ...
Amen.
One can only hope Obamacare will play out the same.
“unanimous court “
Surprising
Surprised it was a rare unanimous decision.
And a unanimous decision! That’s gotta leave a mark.
So much for the Constitutional “expert” and his “competent” AG
Going to be needed when ObamaCare begins to demand Catholic hospitals perform abortions.
Obama, Holder and their fellow commies smacked down unanimously.
Wow...and I just read that post where Freepers thought Roberts was a liberal. Whowouldathunkit? (sarc)
“Going to be needed when ObamaCare begins to demand Catholic hospitals perform abortions.”
Perhaps this ruling is coincidentally setting the stage?
“Requiring a church to accept or retain an unwanted minister”
“for example, a homosexual...”
This is why Obama was after this. They wanted to bust up the good Churches for discriminating against homosexuals.
BTTT
[voicing Howard Cosell] And THERE is a PUNISHING blow RIGHT to the lower confluence of the anatomy!
Yes! This is wonderful news.
Ouch! I love it!
I don’t get it. Why did the court’s ultra liberal commies vote this way?
Yep. Or when the libs demand churches ordain women or perform same-sex “marriages”.
BTW, this was a 9-0 decision.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.