Thursday, January 12, 2012

What Comes After Hosanna-Tabor | First Things

What Comes After Hosanna-Tabor | First Things:

It looks like a very bad over-reach by the Administration, and a very solid slap down by a unanimous SCOTUS.
The first thing to note is that Chief Justice Roberts and the other justices who wrote opinions were kinder to the Obama administration than it deserved. The administration came out entirely against the concept of the “ministerial exception” to anti-discrimination statutes, a legal principle that has been commonplace in the courts of appeals for nearly four decades. The Obama Department of Justice, representing the EEOC, took the position that some protection might be afforded to religious organizations on “freedom of association” grounds, which are only implicit in the First Amendment, but rejected any recourse to what the text of the amendment says about religious freedom. This, the chief justice mildly said, was “untenable.”

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