Church can fire woman because church law > disabilities act

[240 is Back]

A church fired a woman with tourette's.

She sued under the americans with disabilities act. 

The supreme court ruled 9-0 that the church's law took precedence over the national law.

Is this a good or bad idea? 

[Skip8282]

SOURCE?


Not that I think you're an untrustworthy bitch...I just think you're untrustworthy. 

[240 is Back]

A Love Supreme... top story...

http://www.thedailyshow.com/

they make an interesting point at the end of it - - - Church law > US Law....

But doesn't that pave the way for Sharia law to trump US law as well?

Is the SCOTUS setting a horrible precedent by letting ANY church topple US Law?

[Skip8282]

A comedienne is your source?  Really?  Got a case name at least?

[240 is Back]

its on the clip, i looked but didn't know how to search their cases. 

[Mr. Magoo]

Is this it?, I THINK this is it (I haven't read it yet, but the appeal is in regards to disabilities act, and the decision is 9-0)

http://www.supremecourt.gov/opinions/11pdf/10-553.pdf

HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ET AL. (2011)

EDIT: I watched the daily show part, and yea thats the case

[Skip8282]

Is this it?, I THINK this is it (I haven't read it yet, but the appeal is in regards to disabilities act, and the decision is 9-0)

http://www.supremecourt.gov/opinions/11pdf/10-553.pdf

HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ET AL. (2011)

EDIT: I watched the daily show part, and yea thats the case

Thanks, it'll take a little time to read that though, yikes.

[240 is Back]

I am by no means an expert on SCOTUS and law, but this was SCARY to me.

You see so many politicians bowing to christian groups to get elected - but just like Obama has all this illegal power because Bush did - we can all imagine a sitation where sharia law is being used in legal decisions because, well, you guys let the christians do it..............


Keep religion the fck out of the legal system.  period.

[kcballer]

Yet more special treatment for our beloved churches.   

[Fury]

Yet more special treatment for our beloved churches.   

Yet you have no problem giving special treatment to the fanatical Mohammedans.

[sync pulse]

Is this a good or bad idea? 

completely, totally, profoundly bad...

[tu_holmes]

Horrible... That is some fucked up shit.

[kcballer]

Yet you have no problem giving special treatment to the fanatical Mohammedans.

Haha not at all doofus!

[240 is Back]

this is the problem.... and I would hope that it would be more than just Jon Stewart screaming about it.

Instead of talking aobut how Mitt's been a secret conservative all along, maybe rush should be addressing this.  huge ramifications.

[Dos Equis]

A church fired a woman with tourette's.

She sued under the americans with disabilities act. 

The supreme court ruled 9-0 that the church's law took precedence over the national law.

Is this a good or bad idea? 

   The lying liar at it again. 
 
"Perich became ill in June 2004 with what was eventually diagnosed as narcolepsy. Symptoms included sudden and deep sleeps from which she could not be roused. Because of her illness, Perich began the 2004–2005 school year on disability leave.  On January 27, 2005, however, Perich notified the school principal, Stacey Hoeft, that she would be able to report to work the following month. Hoeft responded that the school had already contracted with a lay teacher to fill Perich’s position for the remainder of the school year.  Hoeft also expressed concern that Perich was not yet ready to return to the classroom."

http://www.supremecourt.gov/opinions/11pdf/10-553.pdf

[Dos Equis]

SOURCE?


Not that I think you're an untrustworthy bitch...I just think you're untrustworthy. 

Truth. 

[tu_holmes]

So I read the Syllabus.

I do think it was wrong of the church to fire her, but...

She argued that she was a minister of the church and therefore was subject to ministerial exemption under the First Amendment.

The court ruled that she was not a minister and that the church determines who is and is not a minister in their congregation.

As such, she was not a minister and therefore could not be subject to that exemption.

I kind of agree wit that.

That said, why do churches get exemptions anyway in any case?

[tonymctones]

  The lying liar at it again. 
 
"Perich became ill in June 2004 with what was eventually diagnosed as narcolepsy. Symptoms included sudden and deep sleeps from which she could not be roused. Because of her illness, Perich began the 2004–2005 school year on disability leave.  On January 27, 2005, however, Perich notified the school principal, Stacey Hoeft, that she would be able to report to work the following month. Hoeft responded that the school had already contracted with a lay teacher to fill Perich’s position for the remainder of the school year.  Hoeft also expressed concern that Perich was not yet ready to return to the classroom."

http://www.supremecourt.gov/opinions/11pdf/10-553.pdf

hahahah what a joke he has become.

[Skip8282]

A church fired a woman with tourette's.

She sued under the americans with disabilities act. 

The supreme court ruled 9-0 that the church's law took precedence over the national law.

Is this a good or bad idea? 

The way I read that decision was the court found her to be a leader in the church, the federal government doesn't get to dictate who may or may not lead a church, and so they sided with the church.   Seems different from your claim.