1) It's hard to see how the Court's decision has "thrown [laws] into limbo." The Court took pretty much the same view taken for years by many lower courts; whatever doubt the Court's decision casts on these laws had already been cast on them by lower court decisions.
2) I don't think the Court's decision about the scope of the First Amendment rights of churches to dismiss "ministerial employees" would necessarily affect the interpretation of statutory terms. New York courts are free to continue interpreting "clergy providing ministerial services" as they please, subject only to the requirement - which long predates Hosanna-Tabor - that courts may not unduly entangle themselves in religious decisions. Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Samuel Krieger Sent: Thursday, January 12, 2012 4:35 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds A whole host of laws are now thrown into limbo as a result of the decision - For example NY Workers Compensation Law exempts the following from the mandatory coverage provisions- The applicant is a nonprofit (under IRS rules) with NO compensated individuals providing services except for clergy; or is a religious, charitable or educational nonprofit (Section 501(c)(3) under the IRS tax code) with no compensated individuals providing services except for clergy providing ministerial services; and persons performing teaching or nonmanual labor. Quare - After the decision, has the definition of clergy been expanded . SAMUEL M. KRIEGER Krieger & Prager LLP skrie...@kplawfirm.com<mailto:skrie...@kplawfirm.com> Tel: (212) 363-2900
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