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Thread: Supreme court sides with church on firing

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by Connery View Post
    This is the Court's holding: "The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against theirchurches, claiming termination in violation of employment discrimination laws." She could not bring suit to begin with.
    Yes, that was their holding.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    Yes, that was their holding.
    I do not understand where you have a question.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by Connery View Post
    I do not understand where you have a question.
    I question their reasoning.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by MarineTpartier View Post
    I wouldn't want a narco working with my child. Would you?
    If a doctor could professionally say it was under control, I wouldn't have a problem with it.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    I question their reasoning.
    Specifically, which aspect, how would you circumvent that and preserve those Constitutional guarantees which speak to this situation?

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by Connery View Post
    Specifically, which aspect, how would you circumvent that and preserve those Constitutional guarantees which speak to this situation?
    I don't think there is a way right now. Only an extreme situation (like a religious teacher getting fired for reporting a child being sexual abused by another religious teacher) would there even be an insentive to re-evaluate those guarantees.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by Connery View Post
    Specifically, which aspect, how would you circumvent that and preserve those Constitutional guarantees which speak to this situation?
    As I've mentioned (like four times), the constitution guarantees that the government will not pass laws interfering with the practice of religion. This was an employment dispute that had nothing to do with the employee's religious qualifications or practices. Now, if she'd been fired because they didn't like the way she taught religion, or because they didn't like the way she performed other religious duties, that would be a completely different situation. Under those circumstances the EEOC would be out of bounds trying to interfere.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    As I've mentioned (like four times)
    I suggest you read the opinion I provided.



    the constitution guarantees that the government will not pass laws interfering with the practice of religion. This was an employment dispute that had nothing to do with the employee's religious qualifications or practices. Now, if she'd been fired because they didn't like the way she taught religion, or because they didn't like the way she performed other religious duties, that would be a completely different situation. Under those circumstances the EEOC would be out of bounds trying to interfere.



    "By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious groupís right to shape its own faith and mission through its appointments."

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by Connery View Post
    I suggest you read the opinion I provided.


    "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."
    Yes, I read it, and I know what the Court held. The holding is a legal conclusion. I disagree with their reasoning. Capiche?

    Perhaps, instead of repeating the same thing over and over again, you can explain why you think an employment dispute over a medical condition implicates freedom of religion?

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    Yes, I read it, and I know what the Court held. The holding is a legal conclusion. I disagree with their reasoning. Capiche?

    Perhaps, instead of repeating the same thing over and over again, you can explain why you think an employment dispute over a medical condition implicates freedom of religion?
    She wasn't fired because of her medical condition. She was fired when, after having been told she could return at the beginning of the next school year, she returned to the school, demanded her job back immediately, and threatened to sue if that didn't happen.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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