Click here to advertise on CatholicCulture.org

Supreme Court upholds 'ministerial exception' in landmark victory for religious freedom

Catholic World News - January 11, 2012

In a landmark January 11 decision, the US Supreme Court ruled that religious bodies should set their own standards for hiring ministers, free from government interference.

The unanimous decision in the case of Hosanna-Tabor Evangelical Lutheran Church v. EEOC was described by Douglas Laycock, who successfully argued the case before the high court, as a “huge win for religious liberty.”

The Hosanna-Tabor case was the result of a discrimination lawsuit, filed by a woman who claimed that she had been wrongly dismissed by the Michigan Lutheran congregation. The Supreme Court ruled the congregation was exempt from such an anti-discrimination suit. The ruling indicated that the First Amendment to the US Constitution, in its guarantee of religious freedom, means that a religious body should “be free to choose those who will guide it on its way.”

Writing for the court, Chief Justice John Roberts explained that the government’s interest in preventing discrimination is important. “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 case upholds the legal tradition the “ministerial exception”—the understanding that secular courts should not judge the standards by which religious bodies select their own ministers. The January 11 ruling left unsettled the related question of which employees of religious institutions may accurately be described as ministers rather than ordinary employees.

The Obama administration, arguing for the plaintiff in the Hosanna-Tabor case, had taken an aggressive stand in favor of government intervention in the affairs of religious bodies. During oral arguments in October, Justice Stephen Breyer had observed that the government’s argument seemed to allow for a discrimination case against the Catholic Church, for excluding women from priestly ordination.

Additional sources for this story
Some links will take you to other sites, in a new window.

An appeal from our founder, Dr. Jeffrey Mirus:

Dear reader: If you found the information on this page helpful in your pursuit of a better Catholic life, please support our work with a donation. Your donation will help us reach seven million Truth-seeking readers worldwide this year. Thank you!

Progress toward our August expenses ($34,995 to go):
$35,000.00 $5.00
100% 0%
Sound Off! CatholicCulture.org supporters weigh in.

All comments are moderated. To lighten our editing burden, only current donors are allowed to Sound Off. If you are a donor, log in to see the comment form; otherwise please support our work, and Sound Off!

Show 2 Comments? (Hidden)Hide Comments
  • Posted by: frjpharrington3912 - Jan. 12, 2012 1:06 AM ET USA

    The unanimous decision of the Court in favor of the "ministerial exception" affirms freedom of religion to be a fundamental human right. It is an inalienable right by virtue of the fact that it derives from God and not man and for this reason it transcends the authority of the government to intrude upon the freedom to express itself. That the Supreme Court unanimously agreed the proper role of government in matters religious is to affirm and protect not regulate is heartwarming.

  • Posted by: Wolf of Gubbio - Jan. 11, 2012 7:39 PM ET USA

    Good. Obama and his minions need to BACK OFF! Like NOW.

Subscribe for free
Click here to advertise on CatholicCulture.org

Recent Catholic Commentary

Talk to your kids about porn! 0 hours ago
Showing the Courage to battle homosexual impulses 15 hours ago
In other words, to be a Christian means this: 17 hours ago
Wanted: a balanced Catholic perspective on immigration 22 hours ago
Renewal with God before Us: Christ Determines All July 30

Top Catholic News

Most Important Stories of the Last 30 Days
New management, new changes coming for reformed Vatican bank CWN - July 8
Sweeping reforms to Vatican's media, financial operations CWN - July 9
‘Even Genghis Khan didn’t do this’: Mosul emptied of Christians CWN - July 21