The most important religious liberty case in our Generation

Discussion in 'News / Current Events' started by Ruiz, Oct 1, 2011.

  1. Ruiz

    Ruiz
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    Should Churches have the right to hire and fire people based upon their religious belief? The Supreme Court of the United States (SCOTUS) will hear a religious liberty case that some are saying is the most important in over 40 years.

    Read about it now.
     
  2. billwald

    billwald
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    A terrible case! Churches should not be permitted to fire employees who become disabled for religious reasons. What kind of a religion is that? The Church of Charles Atlas?
     
  3. Ruiz

    Ruiz
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    I think this is a very important religious liberty case and thought I would write on the issue. If interested, here are my thoughts.
     
  4. TC

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    From the article:
    Her dispute with the school, which is now closed, began after she fell ill in 2004, and took several months off to treat a chronic sleep disorder. The congregation hired another teacher to take her place, and asked Perich to resign. Perich, who had permission from her doctor to return to work, threatened to sue and the congregation then voted to fire her.

    Sounds like they just wanted to get rid of her for health reasons. Where is the proof that she held differing doctrines or beliefs than the church?
     
  5. Ruiz

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    TC,

    I read the 6th Circuit Court's ruling on this issue, which spreads a little more light than the article. The 6th Circuit Court based their decision on whether she should be held to the ministry standard because she was a teacher of a secular subject. Legal experts say, that if she can be held to that same criteria, she could be dismissed for doctrinal or ministerial conduct issues (which is the reason the school gave for dismissal). On the other hand, if she cannot then no Christian School could base hiring decisions upon religious criteria for non-religious teachers. We would be held to the exact same standards as businesses. In other words, if you discriminate against a homosexual, you may open your school up for a lawsuit.

    The Court ruled that since her role was mostly non-religious, then all religious criteria is deemed invalid for dismissal. As a result, adherence to all legal hiring and firing procedures are required. In other words, you could not dismiss her merely because she held to different doctrinal standards, held a different worldview, etc.

    The legal decision will have dramatic ramifications on our hiring and firing as currently there is levity for churches to ask questions of staff that are considered illegal in the business world. This will change if SCOTUS upholds this decision without modification.

    Do I believe the church was wrong? Yes! However, I do not believe the 6th's ruling is justified either.

    We should not be forced to keep an atheistic art teacher because they do not perform ministerial duties. This is the application, or what legal experts I have read, seem to indicate could result.

    See Albert Mohlers briefing on Friday, it seems to clarify some of this as well.
     
  6. thomas15

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    thanks for the information.
     
  7. Salty

    Salty
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    I believe that an employer should have the right to hire or fire any person for any reason - period.
     
  8. billwald

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    >I believe that an employer should have the right to hire or fire any person for any reason - period.

    If they are working without a contract - agreed.
     

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