The Petruska case is not a hiring case, but a firing case. In any event, why should religious institutions be able to discriminate at will -- in ways that are not mandated by religious belief -- just because they are religious?
See prior answer. Yes. Just because they are religious. When we are talking about ministers. Is the societal harm different if committed by a religious institution rather than a secular institution? I certainly don't think so.
Yes. The countervailing need for independence of a religious institution is much greater than that of a business or non-religious charity.
Steve Marci In a message dated 5/24/2006 5:39:48 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Because the status of the minister is so inextricably intertwined with the religious community, its beliefs and practices, and its autonomy. Any review of a decision regarding hiring or selecting a minister improperly intrudes on free exercise.
Not the same rule for janitors, bookkeepers, etc.
Steve _______________________________________________
Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
-- Prof. Steven D. Jamar vox: 202-806-8017 Howard University School of Law fax: 202-806-8428 2900 Van Ness Street NW mailto:[EMAIL PROTECTED] Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar
"Face violence if necessary, but refuse to return violence. If we respect those who oppose us, they may achieve a new understanding of the human relations involved."
Martin Luther King, Jr.
|
_______________________________________________
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
Please note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
