Court: Judges cannot get involved in church dispute - Yahoo! News (http://news.yahoo.com/court-judges-cannot-involved-church-dispute-152559467.html)

You can now fire religious employees with no fear of law suit. They complain about sexual harassment, just fire them. Age discrimination, no issue, fire them.

So I guess if you are working for a religious group, you are no longer protected under the Constitution.

Score one for the free exercise clause. But, this is not a blanket exemption for all employees of religious groups, it is a ministerial exception. A church should be allowed to hire or fire it's ministry leaders without government interference.

Of course in this case she was a teacher of religion not really working as a pastor of any church. ( although she was ordained)

If the government is not allowed to make laws regarding the conduct of a religion, then that means they stay out of church affairs

According to church polices she indeed held a "ministerial" position...


Petitioner Hosanna-Tabor Evangelical Lutheran Church and School is a member congregation of the Lutheran Church–Missouri Synod. The Synod classifies its school teachers into two categories: “called”and “lay.” “Called” teachers are regarded as having been called to their vocation by God. To be eligible to be considered “called,” a teacher must complete certain academic requirements, including a course of theological study. Once called, a teacher receives the formal title “Minister of Religion, Commissioned.” “Lay” teachers, by contrast, are not required to be trained by the Synod or even to be Lutheran. Although lay and called teachers at Hosanna-Tabor generally performed the same duties, lay teachers were hired only when called teachers were unavailable.

After respondent Cheryl Perich completed the required training, Hosanna-Tabor asked her to become a called teacher. Perich accepted the call and was designated a commissioned minister. In addition to teaching secular subjects, Perich taught a religion class, led her students in daily prayer and devotional exercises, and took her students to a weekly school-wide chapel service. Perich led the chapel service herself about twice a year.

If that isn't the definition of a ministry I don't know what is. I think the decision (http://www.supremecourt.gov/opinions/11pdf/10-553.pdf) was absolutely correct. Oh, and the decision was unanimous.