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Re: Federal judge grants 187 evangelical groups relief from ACA birth control mandate

Posted by Dave on Sat Dec 21 09:37:05 2013, in response to Re: Federal judge grants 187 evangelical groups relief from ACA birth control mandate, posted by SelkirkTMO on Fri Dec 20 23:45:37 2013.

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Depends upon the circumstances. For example, take a teacher at a religious school. Is he/she a lay teacher or a called teacher? By called I don't mean a fully ordained man/woman of the cloth but a teacher who received some religious training as a requirement for the job.

If a true lay teacher, then the institution is bound by civil law. But if a called teacher, it may not be. See Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, wherein SCOTUS held the Establishment and Free Exercise Clauses of the First Amendment bars suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimi­nation laws. SCOTUS reversed the Sixth Circuit and dismissed the em­ployment discrimination suit against the teacher's religious employer. In Hosanna-Tabor the "minister" was a called teacher, not a true ordained minister.

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