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The Supremes Rule First Amendment Limitation on GOVERNMENT

  • Koobs
  • Team Captain
  • 4919 posts this site

Posted: 1/13/2012 1:49 PM

The Supremes Rule First Amendment Limitation on GOVERNMENT 


The Supremes issued a ruling yesterday which says that the State (EEOC) cannot interfere
with the hiring and/or firing of those holding a ministerial position in Churches and religious organizations.  It was a 9 zip ruling.  The case was Hosanna Luthern vs. EEOC.  Ms.Perich was a math teacher in a Lutheran school.  She took a leave of absence due tio an illness,  When she tried to come back , the school had hired another teacher in her place.  She sued for reinstatement, back pay, etc. and the Obamah Administration joined in the suit. The Supremes said "no dice". The  Chief, speaking for the Court reasoned that the  Establishment Clause  barred the Gov'ment for interfering with hiring and firing by church related organizations. Part of the plaintiff's duties were to lead the children in prayer.  Obamah's contention was that Churches are in the same category as clubs, civic orgs.  In a nut shell, Roberts said government cannot interfere with hiring and firing as it would interfere with the internal governance of the Church.  The Court left enough room for suits by janitors, etc, who have no role in religious doctrine.  Just a small reminder that GOVERNMENTS have limited powers.  Important case. Even Justice  Ginsburg  went along. Sometimes, I see a glimmer of hope that we can roll back egregious
and excessive regulation .  Maybe we should limit the regulory powers to strict interpretation of statutory language and require a Constititional audit, in the nature of a certification that constitutional principles were
considered in every decision.

Last edited 1/13/2012 2:11 PM by Koobs

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Posted: 1/13/2012 2:14 PM

Re: The Supremes Rule First Amendment Limitation on GOVERNMENT 


Great ruling!  Still only one small victory and only a slight detour on the road to serfdom.
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