In the last post, this blog began a discussion of a recent U.S. Supreme Court ruling that makes an exception for churches in employment discrimination cases. A school teacher sued her former employer for disability discrimination for firing her after she became ill in 2004.

The woman sought to return from medical leave and was told she had been replaced by a substitute teacher. The woman had been diagnosed with Narcolepsy and sued the church-school under the Americans with Disabilities Act for her wrongful termination.

The federal trial court threw the woman's case out under a legal concept known as the "ministerial exception" to federal anti-discrimination laws. The lower court ruling is based upon the concept of separation of church and state, keeping the government out of church affairs.

The U.S. Court of Appeals for the Sixth Circuit, which does not include Florida, overturned the trial judge's ruling. The Appellate Court determined the teacher's primary work functions were secular in nature. The appellate ruling said the exception does not apply to secular workers of religious institutions.

A unanimous Supreme Court held that the Sixth Circuit erred. The high court says the issue "is not one that can be resolved by a stopwatch." The justices ruled that the woman, a commissioned minister who taught religion and led chapel is barred under the ministerial exception from suing the religious institution under employment law. The Supreme Court refused to define the scope of the exception in its ruling.

Chief Justice John Roberts, writing for the Court, says, "We are reluctant ... to adopt a rigid formula for deciding when an employee qualifies as a minister." The court says the employment discrimination exception may not apply to other types of legal action, such as breach of contract lawsuit.

While the overall decision was unanimous, other Justices wrote separate concurring opinions.

Justice Clarence Thomas says "A religious organization's right to choose its ministers would be hollow ... if secular courts could second-guess the organization's sincere determination that a given employee is a 'minister.'" He writes that the courts should defer to church leaders in defining who may be a minister in future cases.

Justice Samuel Alito sees it differently. He says the ministerial exception should be confined only to a church employee "who leads a religious organization, conducts worship services or important religious ceremonies or rituals or serves as a messenger or teacher of its faith."

Source: AP via Washington Post, "Supreme Court keeps church job-bias disputes out of court, but leaves unanswered questions," Jan. 11, 2012