Supreme Court Rules in Favor of 'Ministerial Exception'

Friday, January 13, 2012

Outside the U.S. Supreme Court (Chip Somodevilla/Getty)

In a unanimous decision on Wednesday, the Supreme Court ruled that churches and religious organizations are exempt from employee discrimination laws when hiring or firing their own employees and leaders. Many are heralding this decision as key in reinforcing the separation between church and state, while others worry that this will allow these organizations far too much power. The initial complaint that motivated Hosanna-Tabor Church v. Equal Employment Opportunity Commission stemmed from a teacher at an elementary school who felt she was being fired for pursuing a disability claim. 

James Roach is a lawyer at the Vercruysse Murray & Calzone and attorney for Cheryl Perich, the fired school teacher. Rabbi Irwin Kula, president of the National Jewish Center for Learning and Leadership, also joins the program. Jeffrey Rosen is professor of law at George Washington University.


Rabbi Irwin Kula, James Roach and Jeffrey Rosen

Produced by:

Shia Levitt

Comments [3]


9-0. So much for the claim that today's U.S. Supreme Court operates under the spell of a cabal of 4 radical conservatives with the occasional help of Justice Kennedy.

The one real outlier in this case, the one party that seems to be outside the reasonable mainstream of practical legal thinking, was the Obama Justice Department that pressed this appeal and lost it. Unanimously.

Not that The Takeaway would ever notice that fact.

Jan. 13 2012 12:57 PM

Carte blanche to religious bigots to do what they please. Thank you Supreme[ly stupid] Court.

My solution is simple. This is not a 3rd world underdeveloped country. Our secular institutions can handle the education and medical needs of the country. There is no place for religions to be running schools and hospitals. Send them all back to their churches and temples where they can be sequestered and prevented from harming society at large.

Jan. 13 2012 09:12 AM
Ed from Larchmont


Jan. 13 2012 08:32 AM

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