In Rare Unanimous Decision Supreme Court Affirms Religious Exception To Employment Discrimination Laws

The Supreme Court ruled for the first time Wednesday that federal discrimination laws do not protect employees of religious organizations who perform “ministerial” duties.

The court ruled unanimously that the First Amendment’s protection of the free exercise of religion dictates the organizations “be free to choose those who will guide it on its way.”

The case involved a Michigan schoolteacher who said Hosanna-Tabor Evangelical Lutheran Church violated the Americans with Disability Act in 2005 when it fired her after she tried to return to work after being diagnosed with narcolepsy.

The church said Cheryl Perich was not fit for ecclesiastical office and that her threat to sue violated Lutheran teachings that disputes be handled within the church rather than in civil courts.

Chief Justice John G. Roberts Jr. wrote for the court that such decisions are reserved to religious organizations.

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

“When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us.”

The Equal Employment Opportunity Commission (EEOC) and the Obama administration had backed Perich’s suit against the Redford, Mich., religious school.

Read the rest here.

Wow.  Not often you get a unanimous decision on any hot button case from the Supreme Court.  I actually can't remember the last time it happened.  Even bigger shock, Justice Alito coauthored a concurring opinion with Justice Kagan!