The Justice Department and EEOC challenge ‘ministerial exception.’
by JOAN FRAWLEY DESMOND 10/03/2011 Comment-255x256.jpg "Reuters/Joshua Roberts")
Cardinal Donald Wuerl of Washington walks with John Roberts’ chief justice of the U.S. Supreme Court as they leave St. Matthew cathedral after attending the Red Mass Oct. 2 in Washington.
– Reuters/Joshua Roberts
WASHINGTON — The 2011 Red Mass, held yesterday in the nation’s capital, marked a new term for the Supreme Court.
Briefly forgotten amid the spectacle of crimson vestments and a Knights of Columbus honor guard at the Cathedral of St. Matthew the Apostle was a critical Second Amendment case that will get its day at the nation’s high court. Tomorrow, the justices will hear oral arguments for Hosanna-Tabor Church v. Equal Employment Opportunity Commission, No. 10-553.
The case turns on whether a Lutheran church, which fired a teacher at a church school, should be subject to federal anti-discrimination laws protecting disabled employees.
The Lutheran church contends that the intrusion of the courts in this matter “would be a revolution in relations between church and state.” The U.S. Conference of Catholic Bishops backs that position, arguing that the nation’s courts have long supported the “ministerial exception,” which allows churches to make appointments without interference.
The bishops are deeply concerned that the Justice Department has sided with the Equal Employment Opportunity Commission, thus bolstering the challenge to the ministerial exception.
“This case is hugely important for all Christian denominations and religions. It is the first time the Supreme Court has heard a ministerial-exception case,” said Michael Moses, associate general counsel for the U.S. bishops’ conference.
The Red Mass drew all six of the Catholic justices on the Supreme Court: Chief Justice John Roberts and Justices Samuel Alito, Sonia Sotomayor, Anthony Kennedy, Antonin Scalia and Clarence Thomas.
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