Dear Marci, I guess not, but I think people usually think of "clergy" as ordained, or as otherwise officially designated. I think the opinion constitutionalizes an exception that covers a broader category of "ministers" (including, of course, many lay teachers at parochial schools, who are not usually referred to as "clergy.").
Best wishes, Rick Richard W. Garnett Professor of Law and Associate Dean Notre Dame Law School P.O. Box 780 Notre Dame, Indiana 46556-0780 574-631-6981 (w) 574-276-2252 (cell) SSRN page<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=342235> Blogs: Prawfsblawg<http://prawfsblawg.blogs.com/> Mirror of Justice<http://www.mirrorofjustice.blogs.com/> Law, Religion, and Ethics<http://lawreligionethics.net/> From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton Sent: Wednesday, January 11, 2012 2:26 PM To: Law & Religion issues for Law Academics Subject: Re: Supreme Court sides with church on decision to fire employee on religious grounds Rick-- I meant by clergy whatever the Court is saying is a "minister" I did not intend "ordained" clergy. Do we still disagree? Marci On Jan 11, 2012, at 2:16 PM, Rick Garnett wrote: Dear Marci, I think you are right about the second sentence, but I disagree with your second. The opinion seems clearly to reach beyond "clergy." Best wishes, Rick Richard W. Garnett Professor of Law and Associate Dean Notre Dame Law School P.O. Box 780 Notre Dame, Indiana 46556-0780 574-631-6981 (w) 574-276-2252 (cell) SSRN page<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=342235> Blogs: Prawfsblawg<http://prawfsblawg.blogs.com/> Mirror of Justice<http://www.mirrorofjustice.blogs.com/> Law, Religion, and Ethics<http://lawreligionethics.net/> From: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton Sent: Wednesday, January 11, 2012 12:34 PM To: Law & Religion issues for Law Academics Subject: Re: Supreme Court sides with church on decision to fire employee on religious grounds The decision is much narrower than Joel's description. It does not cover all employees of religious organizations--only clergy. And it only involves claims involving discrimination against the religious organization, leaving open litigation from even clergy on contract and tort theories. Marci On Jan 11, 2012, at 12:26 PM, Joel wrote: The Supreme Court has sided unanimously with a church sued for firing an employee on religious grounds, issuing an opinion on Wednesday that religious employers can keep the government out of hiring and firing decisions. In the case of Hosanna-Tabor v. EEOC, Cheryl Perich, a "called" teacher, argued that the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich., had discriminated against her under the Americans With Disabilities Act by refusing to reinstate her to her job after she took leave for narcolepsy. http://www.foxnews.com/politics/2012/01/11/supreme-court-sides-with-church-on-decision-to-fire-employee-on-religious/ Joel L. Sogol Attorney at Law 811 21st Ave. Tuscaloosa, Alabama 35401 ph (205) 345-0966 fx (205) 345-0971 email: jlsa...@wwisp.com<mailto:jlsa...@wwisp.com> website: www.joelsogol.com<http://www.joelsogol.com> Ben Franklin observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto: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. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto: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.
_______________________________________________ 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.