Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

Supreme Court sides with churches in employment fights

NewsJim White  |  January 11, 2012

WASHINGTON (RNS) — The U.S. Supreme Court on Jan. 11 unanimously threw its support behind a church school that fired a teacher, using a widely watched church-state case to bolster a legal doctrine that exempts religious institutions from some civil rights laws.

Religious groups heralded the ruling as a firm assertion of religious freedom that keeps personnel decisions about religious employees where they should be: within a church, synagogue, or mosque.

“The court hasn’t spoken this clearly on a church-state matter in almost 20 years,” said Rob Garnett, a law professor at the University of Notre Dame who wrote an amicus brief on the case in support of the Hosanna-Tabor Evangelical Lutheran Church and School.

“This is bedrock,” Garnett continued. “All the justices came together to say if religious freedom means anything, it means governments can’t interfere with religious institutions’ decisions on who is going to be their minister or teacher.”

Those who advocate for the separation of church and state said the court has now set the bar far too high for employees of religious institutions who seek redress against discrimination.

“The really terrible thing about this decision is that if you fire someone and religion is just a pretext, it can’t be addressed by courts,” said Barry W. Lynn, executive director of Americans United for Separation of Church and State.

“It’s just a gigantic new exception, a new loophole to the civil rights law for religious groups that will not be shut in a very long time — if ever.”

The Hosanna-Tabor case revolved around Cheryl Perich, who had been elevated by the Lutheran church that ran the school to a “called teacher” position, one with some religious responsibilities. Though most of her duties were secular, Perich spent part of each day teaching religion and sometimes led chapel services.

Diagnosed with a sleep disorder, Perich took a leave of absence in 2004 and was replaced by another teacher. Cleared by her doctors to return to work, the church refused to reinstate her.

Perich filed a complaint with the Equal Employment Opportunity Commission, arguing that the school was hiding behind its religious protections to ignore the Americans with Disabilities Act.

The EEOC ruled for Perich, but she lost a lawsuit against the school in federal court in 2008. The school successfully argued that the doctrine of ministerial exception, which is well established in state courts, gave it broad hiring and firing powers over all religious employees, even if they engaged in nonreligious activities.

Lawyers for the school argued that the Lutheran tradition requires that disagreements within the church be settled within the church, and that Perich had flouted this requirement by going to court.

Perich appealed, and in 2010 the Cincinnati-based 6th U.S. Circuit Court of Appeals ruled in her favor. The Supreme Court, in an opinion written by Chief Justice John Roberts, gave the final victory to the church, grounding the decision in the First Amendment’s guarantees of free exercise of religion, and a prohibition on government establishment of religion.

Justices Clarence Thomas, Samuel Alito and Elena Kagan filed concurring opinions.

“The interest of society in the enforcement of employment discrimination statutes is undoubtedly important. But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission,” Roberts wrote.

“The First Amendment has struck the balance for us,” Roberts continued. “The church must be free to choose those who will guide it on its way.”

Said Paul Undlin of Hosanna-Tabor, the Lutheran Church-Missouri Synod church that ran the now-closed school: “It is amazing when a church from Redford, Mich., stands up for its rights and ends up going all the way to the Supreme Court. Praise God for giving the justices the wisdom to uphold the religious freedom enshrined in our Constitution.”

Share this:

  • Share on X (Opens in new window) X
  • Share on Threads (Opens in new window) Threads
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on Bluesky (Opens in new window) Bluesky
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Telegram (Opens in new window) Telegram
  • Share on WhatsApp (Opens in new window) WhatsApp
Tags:2012 ArchivesReligion News ServiceLauren Markoe
More by
Jim White
  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Islamophobia is the next bogeyman

      Opinion

    • The Black Church cannot remain America’s emergency moral infrastructure

      Opinion

    • We are manna

      Opinion

    • Webinar explores religious context of America’s Founders

      News


    Curated

    • Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

      Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

    • Elderly Christian Among 31 Sentenced In China Church Crackdown

      Elderly Christian Among 31 Sentenced In China Church Crackdown

    • In U.F.O. Files, Some Christians See Vexing Questions — and Demons

      In U.F.O. Files, Some Christians See Vexing Questions — and Demons

    • Christian theologians react to the pope’s ai warning

      Christian theologians react to the pope’s ai warning

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • 129