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(Fox News) Stupid The Supreme Court takes a break from its busy schedule of stripping consumer protections, empowering corporations, and nullifying property rights to decide that employees can be fired for lacking religion   (foxnews.com) divider line 259
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10997 clicks; posted to Politics » on 11 Jan 2012 at 4:11 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



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2012-01-11 01:57:52 PM
I went to the article, expecting it to be about a pastor or other religious personage that was fired for being an atheist - which is reasonable to me, since the pastor couldn't be expected to teach what he didn't believe.

Instead, it's about a teacher fired in violation of the ADA for having Narcolepsy - and that's not right. I can see allowing a religious defense for firing teachers or ministers for religious reasons, but not a religious reason to fire someone for ADA reasons (unless they were treating something in violation of the beliefs of the church, see: Church of Christ, Scientist). So this is yet another BS decision that has been handed down.
 
2012-01-11 02:02:26 PM
"But the high court found that Perich's was properly classified as a "minister," meaning she falls within the "ministerial exemption" from many employment laws."



Nonsense. The farking lady was a teacher.
 
2012-01-11 02:10:19 PM
DarnoKonrad: "But the high court found that Perich's was properly classified as a "minister," meaning she falls within the "ministerial exemption" from many employment laws."



Nonsense. The farking lady was a teacher.


At a private school, even the "secular" teachers teach religious subjects. I think classifying her as a minister is perfectly reasonable.

I *don't* think that this is what the ministerial exception was designed to be applied to.
 
vpb [TotalFark]
2012-01-11 02:11:29 PM
So basically this is like calling cashiers "assistant managers" so they are exempt from FLSA and you don't have to pay overtime? Classify everyone as a minister and you can Fark them over. Very Christian.
 
2012-01-11 02:13:03 PM
Farking churches. Biggest farking scam ever. Bilking the masses and the government for centuries.
 
2012-01-11 02:13:15 PM
So the Church was technically correct?

The best kind of correct.
 
2012-01-11 02:14:17 PM
if they were firing her because she was supposed to be keeping her teaching in line with their religious beliefs and she refused/disobeyed that would be one thing, but using the ministerial exception to side-step the ADA is iffy at best.
 
2012-01-11 02:16:41 PM
Exception Collection: Instead, it's about a teacher fired in violation of the ADA for having Narcolepsy - and that's not right

You can't have teachers having sex with dead people and then coming to school the next day and interacting with children.

Think of the children
 
2012-01-11 02:16:46 PM
Jesus always preached "fire the sick".
 
2012-01-11 02:18:15 PM
She wasn't just a teacher, she was also a minister of some variety in that specific church. The optics of the case suck for the church in question, as the right thiong to do was to hold her job for her.

But on the judicial merits, the SCOTUS made the right call. In the long run, this ruling can be referenced as an affirmation by the court of the separation of church and state as a far reaching statue that ties the hands of both churches as well as the government to intervene in each others' business. A ruling to the contrary here could have opened a pandoras box of sorts - opening the door for states to try and control religious expression, and churches to make harder pushes to enshrine their beliefs as secular laws.
 
vpb [TotalFark]
2012-01-11 02:18:55 PM
A Fark Handle: if they were firing her because she was supposed to be keeping her teaching in line with their religious beliefs and she refused/disobeyed that would be one thing, but using the ministerial exception to side-step the ADA is iffy at best.

Not if the Supreme Court says it's legal. That's pretty much the end of it.
 
2012-01-11 02:19:21 PM
Cajnik: You can't have teachers having sex with dead people and then coming to school the next day and interacting with children.

Think of the children


NARCO not NECRO you sick... oh, nvm, I see what you did there.

A Fark Handle: if they were firing her because she was supposed to be keeping her teaching in line with their religious beliefs and she refused/disobeyed that would be one thing, but using the ministerial exception to side-step the ADA is iffy at best.

Bingo!

Examples of "secular" religious teaching that would (imo) qualify them for ministerhood:

At the private HS I attended, the history class concentrated on things like the Reformation and the Roman Empire, and included discussions of how Luther was right to condemn the Catholics.

In English, we concentrated on reference books for the Bible and on reading popular religious authors. CS Lewis and Jonathan Swift were featured, for example.

In Spanish, we learned bible verses for the week in Spanish. I still remember one of them well enough to quote, even though I haven't studied or used Spanish in almost two decades.

In Math.... well, OK, math wasn't very religious.

In Science, we discussed how God's plan was obvious because of the way everything worked perfectly together.
 
2012-01-11 02:20:56 PM
SCOTUS always rules in favor of the one with the most money
 
2012-01-11 02:21:24 PM
Exception Collection: DarnoKonrad: "But the high court found that Perich's was properly classified as a "minister," meaning she falls within the "ministerial exemption" from many employment laws."



Nonsense. The farking lady was a teacher.

At a private school, even the "secular" teachers teach religious subjects. I think classifying her as a minister is perfectly reasonable.

I *don't* think that this is what the ministerial exception was designed to be applied to.



I think it's ad-hoc nonsense to fire her disabled ass. They weren't calling her a 'minister' before. I can understand SCOTUS not wanting to define religious jobs as a violation of the 1st Amendment, but jesus christ this is transparently a point of convenience to circumvent the law.
 
2012-01-11 02:24:38 PM
DarnoKonrad: I think it's ad-hoc nonsense to fire her disabled ass. They weren't calling her a 'minister' before. I can understand SCOTUS not wanting to define religious jobs as a violation of the 1st Amendment, but jesus christ this is transparently a point of convenience to circumvent the law.

Well, yes, but I rather agree with the above poster about the ruling being reasonable given the law.

What they need to do is ask Congress to rewrite the law so that this shiat doesn't happen, but it still allows for the release of ministers for violating religious teachings.
 
2012-01-11 02:27:11 PM
see this is why unions are still needed.
 
2012-01-11 02:32:13 PM
vpb: A Fark Handle: if they were firing her because she was supposed to be keeping her teaching in line with their religious beliefs and she refused/disobeyed that would be one thing, but using the ministerial exception to side-step the ADA is iffy at best.

Not if the Supreme Court says it's legal. That's pretty much the end of it.


even though they maybe the final arbitrator, that doesn't mean they're infallible. it's pretty much the end, but that doesn't make the court right. see a lot of their recent bullshiat, or dred scott.
 
2012-01-11 02:33:57 PM
I guess they put the fear of God into her
 
2012-01-11 02:51:58 PM
Damn...I was hoping the government would get to be in charge of deciding who gets to be a minister of a church and who doesn't....It that's not what our forefathers fought and died for, after all...
 
2012-01-11 03:03:15 PM
Hobodeluxe: see this is why unions are still needed.

A religious union? Isn't that marriage?
 
vpb [TotalFark]
2012-01-11 03:03:37 PM
A Fark Handle: vpb: A Fark Handle: if they were firing her because she was supposed to be keeping her teaching in line with their religious beliefs and she refused/disobeyed that would be one thing, but using the ministerial exception to side-step the ADA is iffy at best.

Not if the Supreme Court says it's legal. That's pretty much the end of it.

even though they maybe the final arbitrator, that doesn't mean they're infallible. it's pretty much the end, but that doesn't make the court right. see a lot of their recent bullshiat, or dred scott.


I mean legally. The Supreme court has no power to enforce it's rulings, so they depend on the executive branch to enforce them. If people stop respecting their decisions who knows what will happen.

Link (new window)
 
2012-01-11 03:13:08 PM
What the hell is a Christian organization doing firing someone for a medical disability? Do they not own a copy of the New Testament? Or is there a passage somewhere that says, "And lo, Jesus walked among the sick and the lepers. And he said to them, 'GTFO'"?

Also, the problem isn't the Court's decision.

The problem is that the 'ministerial exemption' applies to things that have nothing to do with religion. Should churches or religious schools have an exemption that would allow them to fire ministers or religion teachers who are not actually adherents to the faith? I don't like it, but I suppose that makes some sense.

But why the hell should they be exempted from parts of the ADA that require employers to behave decently towards their employees with medical disabilities?
 
2012-01-11 03:21:49 PM
hitchking:

But why the hell should they be exempted from parts of the ADA that require employers to behave decently towards their employees with medical disabilities?

Everyone knows Jesus hated the sick and crippled.
 
2012-01-11 03:48:55 PM
I submitted this story with a less sarcastic headline.

/Disappointed the SCOTUS was 8-0 against the woman.
//Ruling the First Amendment trumps the Fourteenth Amendment.
 
2012-01-11 04:11:16 PM
At the school, there are called teachers (she was one of those) and lay teachers. Called teachers have the title "Minister of Religion, Commissioned" and must fulfill certain academic/religious requirements in order to get this title. They are always chosen above the "lay" teachers. She taught many subjects, including religion, would lead the class in prayer, and would even lead the chapel services twice a year.

The supreme court made the right call.
 
2012-01-11 04:16:53 PM
If America has any future to speak of, people will look back in shame on this court. You're living in a time of travesty.
 
2012-01-11 04:16:58 PM
Ryan2065: At the school, there are called teachers (she was one of those) and lay teachers. Called teachers have the title "Minister of Religion, Commissioned" and must fulfill certain academic/religious requirements in order to get this title. They are always chosen above the "lay" teachers. She taught many subjects, including religion, would lead the class in prayer, and would even lead the chapel services twice a year.

The supreme court made the right call.


Agreed.

As an atheist I agree with this ruling 100%.
 
2012-01-11 04:17:46 PM
The article and the headline. They no match!

/subby's or Fox's
 
2012-01-11 04:18:26 PM
The governmnet's full-on assault against Americans continues.
 
2012-01-11 04:18:49 PM
Is it a privately owned company that doesn't receive government contracts or assistance in a right to work state?

Then the owner can do whatever the fark they want.
 
2012-01-11 04:19:05 PM
Exception Collection: I went to the article, expecting it to be about a pastor or other religious personage that was fired for being an atheist - which is reasonable to me, since the pastor couldn't be expected to teach what he didn't believe.

Instead, it's about a teacher fired in violation of the ADA for having Narcolepsy - and that's not right. I can see allowing a religious defense for firing teachers or ministers for religious reasons, but not a religious reason to fire someone for ADA reasons (unless they were treating something in violation of the beliefs of the church, see: Church of Christ, Scientist). So this is yet another BS decision that has been handed down.


The deal was that the school had two classes of teachers "called" and "lay".

The "called" teachers primarily taught religion and other such related topics.

SCOTUS, all of them, decided they were essentially paid proponents for religion, and not actual teachers in the secular sense, and so, as such, the religion could choose who they wanted to pay to represent their religion.

Now, I'm not a lawyer, law professor, judge or justice, but when every member of the SCOTUS agrees and not a single one of them even writes a separate or dissenting opinion piece, that strikes me as a pretty well-founded piece of law.
 
2012-01-11 04:19:29 PM
www.bidmead.co.uk

Approves
 
2012-01-11 04:19:36 PM
Meh, it looks like a problem with the church and the wording of the exemption not the Supreme court's decision. Looks like they finally got one right. What's the Court's right to wrong ratio now? 1 : 6548 ?
 
2012-01-11 04:20:25 PM
*reads article*

Good job, SCOTUS.

/shiatty job, subby
 
2012-01-11 04:21:40 PM
Quick google suggests that the church agreed to have her miss the rest of the year and return the following year. She biatched and sued, and they fired her. Really sucks for her, but the ruling is correct.
 
2012-01-11 04:21:41 PM
Kyndig: Is it a privately owned company that doesn't receive government contracts or assistance in a right to work state?

Then the owner can do whatever the fark they want.


No they can't. There are still basic "nobody can do this, ever" rules. Though apparently there are exemptions for religious groups that never got brought up in any of my HR seminars.
 
2012-01-11 04:21:54 PM
hitchking: What the hell is a Christian organization doing firing someone for a medical disability? Do they not own a copy of the New Testament? Or is there a passage somewhere that says, "And lo, Jesus walked among the sick and the lepers. And he said to them, 'GTFO'"?

img843.imageshack.us
 
2012-01-11 04:22:14 PM
You've got to wonder what kind of messed up version of the bible this place is teaching kids that would be consistent with their willingness to destroy the families of the sick while using religious freedom as a cover for it. Then again, I suppose like most "evangelicals," they probably haven't actually bothered to read the bible.

The Beatitudes, how do they work?
 
2012-01-11 04:22:35 PM
Meh. I don't like that religious institutions get special legal treatment. They don't have to pay the taxes that companies have to, they get special exemptions via employing people... what else do they get away with that no other company can?
 
2012-01-11 04:22:36 PM
Scopes Monkey trail was the worst.
 
2012-01-11 04:23:09 PM
Hobodeluxe: see this is why unions are still needed.

You're kidding, right? There are no unions in religious schools and never will be. When you go for the job you're told the deal up front and you can take it or leave it. Ironically, in the entire time that I went to Catholic school no teachers were fired, they performed well, and maybe one or two left per year. Care to contrast that with the chaos that is a public school?
 
2012-01-11 04:23:22 PM
Not to mention, I don't even REALLY understand how the ADA protects her. If her narcolepsy is completely controlled via medication, then they shouldn't have fired her. If it's not completely controlled, I don't understand what kind of reasonable accommodation claim you can make when your job is maintaining control and safety of a group of students. You can't maintain control of a group of minors if you have chronic daytime exhaustion, and that's much more common than the even worse blackout version.

It seems like the Supreme Court could have dodged the whole issue by saying you can't make reasonable accommodation for a position that requires constant control, vigilance, and the responsibility for others safety.
 
2012-01-11 04:24:03 PM
Cpl.D: Meh. I don't like that religious institutions get special legal treatment. They don't have to pay the taxes that companies have to, they get special exemptions via employing people... what else do they get away with that no other company can?

There are good and bad consequences for separating religion and the state.

I'm okay with this tradeoff.
 
2012-01-11 04:24:13 PM
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Because they all deserved to die
 
2012-01-11 04:24:16 PM
Kyndig: Is it a privately owned company that doesn't receive government contracts or assistance in a right to work state?

Then the owner can do whatever the fark they want.


Well, churches technically are subsidized by the public based on tax treatment so they do get government assistance. However, I agree with the decision if she was actually employed as a minister at the church.
 
2012-01-11 04:24:26 PM
Ryan2065: The supreme court made the right call.

I don't get how this makes any sense at all. They didn't fire her because of anything religious: They fired her because she had a medical condition.

What possible argument can you have for the Americans with Disabilities Act not applying to churches?
 
2012-01-11 04:25:19 PM
Ryan2065: At the school, there are called teachers (she was one of those) and lay teachers. Called teachers have the title "Minister of Religion, Commissioned" and must fulfill certain academic/religious requirements in order to get this title. They are always chosen above the "lay" teachers. She taught many subjects, including religion, would lead the class in prayer, and would even lead the chapel services twice a year.

The supreme court made the right call.


it would have been right if she was being fired for failure or refusal to perform religious duties. however, the church was firing her because she got diagnosed with narcolepsy. this wasn't about religion and a church's ability to hire whomever it wants to preach. it was a church using the ministerial exception to side-step the ada. and because of that i find it rather questionable. never mind how unbelievably non-christian the firing was.
 
2012-01-11 04:26:06 PM
Knara: Cpl.D: Meh. I don't like that religious institutions get special legal treatment. They don't have to pay the taxes that companies have to, they get special exemptions via employing people... what else do they get away with that no other company can?

There are good and bad consequences for separating religion and the state.

I'm okay with this tradeoff.


I don't see how "separation of church and state" got translated into "separate of church and corporations". If we want to say "hey there are different rules for non-profits then corporations" fine, but make sure you aren't throwing in exceptions that ONLY apply to religious organizations.
 
2012-01-11 04:26:11 PM
Wolf_Blitzer: Ryan2065: The supreme court made the right call.

I don't get how this makes any sense at all. They didn't fire her because of anything religious: They fired her because she had a medical condition.

What possible argument can you have for the Americans with Disabilities Act not applying to churches?


The part where paid religious spokespeople (just like, for example, bikini models and lingerie models) are exempt, and the US Supreme Court ruled that was her primary function.
 
2012-01-11 04:26:11 PM
If you want the government out of your church, don't come crying about the ADA.
 
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