Lost in the Politics, A Big Win for Religious Liberty at the Supreme Court | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

By David French1326307259000

We take a break from the regularly scheduled New Hampshire and South Carolina analysis to celebrate a resounding victory for religious liberty and limited government at the Supreme Court. In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, the court reversed the Sixth Circuit and ruled unanimously (yes, unanimously) that the First Amendment’s Free Exercise and Establishment clauses bar suits brought by ministers against their churches for violations of nondiscrimination laws. The case grounded the so-called “ministerial exception” to nondiscrimination laws in the history and text of the First Amendment and re-affirmed the exception as fundamental to religious liberty.

At the ACLJ we filed an amicus brief (along with InterVarsity Christian Fellowship) in support of Hosanna-Tabor, and this case was vital in maintaining a firewall against active government attempts to encroach into a church’s most sacred and vital religious decisions — the decision as to who ministers to the faithful. In one sense it’s sad that this case even had to go to the high court. Is government so ambitious that it seeks to intrude even into ministerial decisions? On the other hand, I’m grateful for a decisive 9–0 victory to act as a deterrent to the EEOC and any other state agency as presumptuous.

Many congratulations to Doug Laycock and the Becket Fund for Religious Liberty (counsel for Hosanna-Tabor) on a job very well done.

This article is crossposted on National Review Online.

Latest in
Supreme Court

A New Supreme Court Justice Must Be Confirmed Before the Election

By Jordan Sekulow1600874917423

In the wake of the news that Supreme Court Justice Ruth Bader Ginsburg passed away this weekend, President Trump has said that he will make a nomination this week, likely on Saturday. While the death of a venerable Justice like Ginsburg should have been a time for national mourning and reflection,

read more

JSL Recap – Senate Has Votes to Confirm President's SCOTUS Pick

By Jordan Sekulow1600811046972

President Trump will announce his Supreme Court nominee on Saturday and the Senate has the votes to confirm that nominee to the bench. On today’s Jay Sekulow Live , we discussed the breaking news that, in a surprise move, Senator Mitt Romney has announced that he is supporting a Senate vote on the...

read more

Breaking: President Trump to Announce SCOTUS Pick This Week

By Jordan Sekulow1600723768198

President Trump announced this morning that he will name a replacement for Justice Ruth Bader Ginsburg later this week. On today’s Jay Sekulow Live , we discussed the latest Supreme Court vacancy and its impact on the election. President Trump has said that he’ll announce his pick this week and...

read more

Analysis: Pres. Trump Makes Additions to SCOTUS Shortlist

By Jordan Sekulow1599770330461

President Trump expanded his list of potential Supreme Court nominees and he called for Vice President Biden to do the same. On today’s Jay Sekulow Live , we discussed President Trump’s announcement of twenty additional names to his Supreme Court shortlist for a potential vacancy. Our team provided...

read more