{"id":129164,"date":"2015-12-17T18:49:06","date_gmt":"2015-12-18T01:49:06","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/2015\/12\/17\/religious-restrictions-on-hiring-have-limits.html"},"modified":"2015-12-19T17:58:02","modified_gmt":"2015-12-20T00:58:02","slug":"religious-restrictions-on-hiring-have-limits","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2015\/12\/17\/religious-restrictions-on-hiring-have-limits.html","title":{"rendered":"Religious restrictions on hiring have limits"},"content":{"rendered":"

It's pretty long-standing law that, while religious institutions have some freedoms when it comes to hiring, those freedoms have strict boundaries. To wit, restrictions on what constitutions a "religious institution," and for what job we're talking about.<\/p>\n

So take the extreme case: it is considered legal (and morally defensible) that someone who is to be ordained and employed as a priest should be required to adhere to Catholic doctrine and represent the Church's values and beliefs. Similarly, it has been argued (with mixed success) that teachers as a Catholic school should adhere to and represent church teachings and morality, even if their topic area is not explicitly religious. <\/p>\n

In short, religious institutions (what's included in that is subject to definition) have a right to require orthodoxy in "ministerial" roles, where someone is representing church teaching and authority. That's fairly reasonable, at least in principle. People who are ministers or who serve in a ministerial fashion through the nature of their jobs, are part of that institution's exercise of religious freedom.<\/p>\n

But in non-ministerial roles, religious employers have no such latitude. And, in this case, it would seem difficult for the Catholic school to argue that their food service director<\/i> is acting in a "ministerial" role, without simply asserting that the church has the right to hire or fire anyone<\/i> based on their beliefs, from food worker to gardener. <\/p>\n

Which appears to be what their lawyer is asserting, saying that "Barrett’s presence at the school would have been inconsistent with the school’s catholic message. […] Simply, we request of this court to render a decision in support of our client’s statutory right to make an employment decision based on sincerely held religious beliefs."<\/p>\n

The court, in this case, disagrees. The school has not yet decided whether to appeal.<\/p>\n

Originally shared by +David Badash<\/a>:<\/span><\/p>\n

\n<\/blockquote>\n

\n
\n
\n<\/a>
\nBreaking: Judge Rules Catholic School Illegally Discriminated By Firing Gay Man It Had Just Hired<\/a><\/span>
\nA Massachusetts judge finds a Catholic school is required to obey the state’s nondiscrimination laws.\n<\/p><\/blockquote>\n

View on Google+<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

It's pretty long-standing law that, while religious institutions have some freedoms when it comes to hiring, those freedoms have strict boundaries. To wit, restrictions on what constitutions a "religious institution," and for what job we're talking about. So take the extreme case: it is considered legal (and morally defensible) that someone who is to be … Continue reading “Religious restrictions on hiring have limits”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,109,21,25,378],"tags":[],"class_list":["post-129164","post","type-post","status-publish","format-standard","hentry","category-plusposts","category-church-state","category-job-jollies","category-gay-stuff","category-intolerance-persecution"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":26151,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/02\/07\/the-contraception-rule-is-the-biggest-non-issue-of-all-time.html","url_meta":{"origin":129164,"position":0},"title":"The contraception rule is the biggest non-issue of all time","author":"***Dave","date":"Tue 7-Feb-12 7:14am","format":false,"excerpt":"Which is, of course, why it's getting such dramatic play on the Right, as part of some mythical \"War on Religion.\"So, just to set things straight:First and foremost, under the regulation, churches and religious institutions that employ primarily people of a single religion are exempt from this requirement. Your local\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":43402,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/07\/09\/looking-at-religious-discrimination-in-job-applications.html","url_meta":{"origin":129164,"position":1},"title":"Looking at religious discrimination in job applications","author":"***Dave","date":"Wed 9-Jul-14 6:31am","format":false,"excerpt":"Sociologists sent in resumes to online job postings for various entry-level positions around the South. The only variation was participation in a campus organization while in college.What they found was that, in general, if the campus organization mentioned was any kind of religious organization (\"University of Alabama Catholic Association\"), it\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":39493,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/11\/01\/dc-appeals-court-strikes-down-the-birth-control-coverage-mandate.html","url_meta":{"origin":129164,"position":2},"title":"DC Appeals Court strikes down the Birth Control Coverage Mandate","author":"***Dave","date":"Fri 1-Nov-13 12:38pm","format":false,"excerpt":"Given the array of opinions on this in various federal appeals appeals courts, there's no doubt it's going to be finally decided by SCOTUS. Which, given some of the zanies there, is worrisome.Of course, if the ACA had been crafted to get employers out of the health insurance loop, none\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":24935,"url":"https:\/\/hill-kleerup.org\/blog\/2011\/12\/30\/is-discriminating-against-discrimination-discrimination.html","url_meta":{"origin":129164,"position":3},"title":"Is discriminating against discrimination discrimination?","author":"***Dave","date":"Fri 30-Dec-11 10:23am","format":false,"excerpt":"Not when it's Your Tax Dollars At Work, in my opinion. 'Anthony R. Picarello Jr., general counsel and associate general secretary of the United States Conference of Catholic Bishops, disagreed. \u201cIt\u2019s true that the church doesn\u2019t have a First Amendment right to have a government contract,\u201d he said, \u201cbut it\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":28465,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/07\/01\/why-are-americans-more-religious-than-europeans.html","url_meta":{"origin":129164,"position":4},"title":"Why are Americans more religious than Europeans?","author":"***Dave","date":"Sun 1-Jul-12 9:31pm","format":false,"excerpt":"Ironically, a major reason is the opposite of just what a lot on the Religious Right would love to see: state and church entanglement.Established churches in Europe were inherently less competitive for parishioner funds, both due to taxpayer support and due to national monopolies, and so spent less time \"winning\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":130506,"url":"https:\/\/hill-kleerup.org\/blog\/2016\/04\/28\/religious-freedom-vs-medical-freedom.html","url_meta":{"origin":129164,"position":5},"title":"Religious freedom vs medical freedom","author":"***Dave","date":"Thu 28-Apr-16 9:15am","format":false,"excerpt":"While most of the \"religious freedom\" noises the last year or two have been about individuals and mom-and-pop stores wanting to deny service to sinners gay people, up at the large organization level it's been religious-owned (or -imaged) companies fighting the previous culture war around reproductive issues.One story that has\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/129164","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=129164"}],"version-history":[{"count":1,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/129164\/revisions"}],"predecessor-version":[{"id":129205,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/129164\/revisions\/129205"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=129164"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=129164"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=129164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}