On the heels of last month’s jury
verdict for a Christian professor punished by his employer for his conservative
and Christian speech (read my blog of March 28), the American Center for Law and Justice (ACLJ) team reports yet another victory for religious liberty.
A former employee sued her Christian
employer, a national campus ministry, claiming that its religious criteria for
employment constituted “discrimination” in violation of federal law. This is an issue that Christian employers
have been fighting for years as they’ve worked to preserve the liberty to hire
and fire employees (especially ministerial employees) using faith-based
principles. If federal
anti-discrimination laws were applied to the hiring and firing of ministerial
employees (for example, pastors and religious teachers), then no church or
ministry would be able to safeguard the integrity of its message.
In an opinion issued last week, a
federal court dismissed the plaintiff’s claims, reaffirming that the 1st
Amendment protected a “ministerial exception” to federal anti-discrimination
laws. The court explained: “Moreover,
allowing a ministerial employee to pursue employment claims against her
supervisor would allow the state to become involved in the strictly
ecclesiastic decision of who shall minister to the faithful and to impose upon
a religious group an unwanted minister—the very concerns that underlie the
ministerial exception.”
The ‘Free Exercise Clause’ provides
the freedom for Christian employers to apply their faith, while the ‘Establishment
Clause’ bars the government from getting entangled in religious
decision-making.
It's a matter of common sense that
Christian employers should be able to use Biblical principles when deciding who
shares the Gospel; but it's also a matter of constitutional law.
The ACLJ are thankful for the victory and thankful for a Bill of Rights
that still has legal power to protect our ‘First Freedom.’
Rev.
Dr. Kenneth L. Beale, Jr.
Chaplain
(Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel
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