The hiring and firing of “ministers” - Hosanna-Tabor v/ EEOC

A teacher at a private Christian school was fired.  She sued.  The school and church that were involved defended the matter with the assertion that she was, in fact a “minister”.  The church and school won on 1st Amendment grounds.

The court stated:
“Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments. According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.”

It’s good to see that the Constitution and the Bill of Rights are still followed by the Supreme Court.

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