The Supreme Court has rejected the Obama administration’s argument that it can dictate who churches hire as ministers or clergy in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission. The Obama administration unsuccessfully argued that the government can dictate who churches hire, as long as it also subjects secular employers to the same dictates regarding who they hire (so-called rules of general applicability). Taken to its logical conclusion, this argument would allow the government to ban a church or synagogue from hiring based on religion (defeating the whole purpose of religious freedom, which is to allow churches to promote their own religion) or sex (preventing the Catholic Church from having a male priesthood). No Supreme Court justice bought the administration’s argument, made on behalf of the Equal Employment Opportunity Commission (EEOC). The Supreme Court unanimously found that such government control over who churches can hire would violate the religion clauses of the First Amendment.
Good decision. Curious, isn’t it, that none of the lawyers in the US Attorneys’ office nor the allegedly constitutional-law-knowledgeable President had the grasp of this situation to have seen it coming? I mean, considering that all 9 of the sitting Justices bought their arguments in the least? Elections have consequences, my friends, and you should remember the direction this Administration is trying to take things when the time comes to make up the mind on election day this year.