Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Year-End Campaign today.

January 23, 2012

Yellow Light: The Supremes and Religious Freedom

A central concern of the Manhattan Declaration is the increasingly perilous state of religious liberty: scarcely a week goes by without yet another report about limitations on the right to practice our faith, at home as well as in the public square.

That’s why a recent Supreme Court decision is both very good news, but it’s grounds for caution. The decision involved a school run by Hosanna-Tabor Evangelical Lutheran church in Michigan. A teacher who had gone on disability leave threatened to sue the school because it hired a substitute for the remainder of the school year.

A recent Supreme Court decision is a victory for religious freedom. But we must remain vigilant.

A central concern of the Manhattan Declaration is the increasingly perilous state of religious liberty: scarcely a week goes by without yet another report about limitations on the right to practice our faith, at home as well as in the public square.

That’s why a recent Supreme Court decision is both very good news, but it’s grounds for caution. The decision involved a school run by Hosanna-Tabor Evangelical Lutheran church in Michigan. A teacher who had gone on disability leave threatened to sue the school because it hired a substitute for the remainder of the school year.

She was fired because the threat violated the school’s dispute resolution process for ministers, which the school insisted she was.

She took her case to the Equal Employment Opportunity Commission, which in turn took the church to court. The EEOC argued that despite what the church said, the plaintiff was not a minister and, thus, the “ministerial exception” did not apply.

The Court, however, unanimously rejected the government’s contention that the plaintiff was not a minister. According to Chief Justice Roberts, the First Amendment gives “special solicitude to the rights of religious organizations.” He sarcastically rejected as “remarkable” the government’s argument “that the religion clauses have nothing to say about a religious organization’s freedom to select its own ministers.”

Even more importantly, the Court rejected the absurd argument that the ministerial exception “should be limited to those employees who perform exclusively religious function.”

This deference to history and common sense was too much for one law professor, who accused the court of ignoring “the rights of the religious individuals who work at [religious] institutions.” Please.

While the decision in Hosanna-Tabor case is good news, it’s only so because our worst fears didn’t come to pass. The Court has affirmed our right to define our ministers, but not much else.

We still have to fight many thorny question of religion’s role in the public sphere. That’s because, as I’ve said over and over on BreakPoint, this Administration has launched an all-out campaign to restrict our religious liberties; to keep all of our spiritual life private and not allow it invade the public realm. And what the Administration can’t achieve in court, it is consistently attempting to do through executive order or administrative fiat.

That’s why the Administration increasingly talks about freedom of worship, a private act, not freedom of religion, a public act referred to in the Constitution. That’s why the Administration failed to defend the Defense of Marriage Act. It’s why the EEOC tried this amazing power grab in the Hosanna-Tabor case.

Remember, folks, Hosanna-Tabor says nothing about the freedom of non-ministers to practice their faith outside of church; nothing about pharmacists who refuse to dispense abortifacients or whether religious organizations must provide insurance “benefits” that violate church teaching. As Matthew Franck wrote in First Things, much of what religious groups do – “healing, teaching, feeding the poor” – is regarded by this Administration as “secular,” and therefore not covered.

So, let’s celebrate the good news, but at the same time, we must not relent in our vigorous defense of our first freedom, which is under assault at every turn: in the courts, at the ballot box, and in the halls of government. Please, go to Manhattandeclaration.org, sign the declaration, and get your friends to do so as well.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.