In a unanimous ruling, the U.S. Supreme Court adopted the "ministerial exception" developed in the lower courts and held that the First Amendment flatly prohibits the application of discrimination laws to the employment of "ministers" by religious institutions. The Court's decision in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C., though fact-specific, affords broad discretion to churches and other religious entities to hire and fire employees engaged in preaching or teaching their ... [read post]
Carl H. Esbeck (University of Missouri School of Law) has posted A Religious Organization's Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment (Engage, Forthcoming 2012) on SSRN. Here is the abstract: In Hosanna-Tabor, a teacher suing her employer, a church-based school, alleged retaliation for having asserted rights under a discrimination statute. The School raised the "ministerial exception," which prohibits ministers from suing their religious employer. The Court held the ... [read post]
04.04.2012 [King Township Sentinel] - By Eleanor Fry Palm Sunday - the historic descent from Mount of Olives, the ride on the donkey, the palm branches, “Hosanna, Hosanna.” This Friday is Good Friday. Rev. Don's reflection was “betrayal.” Good is an amazing word in a story of betrayal
04.04.2012 [Caretas] - Porque luego de haber “alimentado dos veces a más de 5 mil personas, resucitado al hijo de la viuda Naím, ya Lázaro” ingresaba a Jerusalén entre vítores como “hosanna, hosanna (sálvanos ahora)”. Era un personaje con arraigo popular que cuestionaba el
03.04.2012 [Malaya] - THIS Holy Week marks those seven days two thousand years ago when Jesus entered Jerusalem on a Sunday and was welcomed by throngs of worshippers who waved palm fronds and chanted “Hosanna! Hosanna! Hosanna!” A few days later, those chants were changed
03.04.2012 [Gather.com] - Christ just made His triumphant entry into Jerusalem and the crowds were yelling “Hosanna! Hosanna! Hosanna!” And in a week's time, those same people were yelling,“Crucify Him! Crucify! Crucify Him!” It's no different than what goes on in this world
04.04.2012 [Visayan Daily Star] - ... real Born-again Christian, they have just been in contact with ”Very religious Church member” whose life was not different from people who shouted Hosanna! Hosanna! during the Lenten season but crucified Christ in their day to day living.
The oral argument in Hosanna-Tabor Evangelical Lutheran Church and School v. Perich last Wednesday raised a host of difficult and important questions - and a few misconceptions. I hope to be able to post a few reflections on the argument here in the next few days, as a prelude to an upcoming "Community" discussion about the case here at SCOTUSblog. [DISCLOSURE: Goldstein & Russell filed an amicus brief in the case in support of respondent Cheryl Perich. Some of the attorneys in that firm work in ... [read post]
Caroline Mala Corin (Miami) has posted to SSRN her piece forthcoming in the Northwestern University Law Review Colloquy, "The Irony of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC." Here is the abstract: The question presented in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC is whether or not a school teacher named Cheryl Perich should be considered a minister. The success of Perich's Americans with Disabilities Act retaliation claim turns on the answer. If she is not ... [read post]
On January 11, 2012, the Supreme Court announced its decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. This case presents the question whether the "ministerial exception" to federal employment discrimination statutes--an exception that generally shields religious organizations from claims of unlawful discrimination by employees who perform religious functions--applies to a teacher at a religious elementary school who alleged that the termination of her employment violated the ... [read post]
Lost in the muddled oral argument of Hosanna-Tabor Evangelical Lutheran Church and School v EEOC was the case's central question: Are religious groups entitled to disobey the law? The contested issue in Hosanna-Tabor is whether Lutheran elementary schoolteacher Cheryl Perich can sue her former employer, Hosanna-Tabor Evangelical Lutheran Church and School, for retaliation under the Americans With Disabilities Act. The school fired Perich after she threatened to report the school's disabilities ... [read post]
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC is the first ministerial exception case to make it to the Supreme Court, even though the Fifth Circuit first recognized the exception in 1972. The ministerial exception is a court-created doctrine that requires the dismissal of lawsuits by ministerial employees against religious organizations. At last Wednesday's oral argument in Hosanna-Tabor, Justice Samuel Alito asked the church's lawyer, University of Virginia law professor Douglas ... [read post]
2011 National Lawyers ConventionThe following audio was recorded on November 11, 2011. The Religious Liberties Practice Group hosted this panel on "The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC" on Friday, November 11, 2011, during the 2011 National Lawyers Convention. Religious Liberties: The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC 12:00 p.m. - 2:30 p.m. East Room - Overflow: Senate Room Hon. Walter E. ... [read post]
By Patricia Zapor Catholic News Service WASHINGTON (CNS) — The direction the courts will take with other cases related to religious employment is far from clear, but the Supreme Court’s Jan. 11 ruling opens a whole track of possibilities. The decision in Hosanna-Tabor v. EEOC held that fired teacher ...
02.04.2012 Hosanna, hosanna. Hosanna in the highest. I see a generation. Rising up to take the place. With selfless faith, selfless faith. I see a near revival, Stirring as we pray and seek. We're on our knees, we're on our knees. Hosanna, hosanna.