Should ministers have any legal protections?

A reader of this blog with quite a bit of expertise on employment law and who is also sensitive to the religious issues involved  has sent me what I think is the best analysis I have seen of the Hosanna-Tabor v. EEOC case currently before the Supreme Court, having to do with a Lutheran school that fired a called teacher because of her disability, then claimed a “ministerial exemption” from having to follow the disability laws because the employee was a “minister.”   Here is part of what he said, which I post with his permission (honoring also his request for anonymity):

The argument of Hosanna-Tabor that their action was based on religious reasons seems to be cooked up post-facto, and so I imagine that Ms. Perich would be able to successfully prove them pretextual–which then puts the burden of proof back upon the school to show that they are not in fact pretextual. Since their case as represented in the court documents doesn’t seem strong in this area, I think they ought to lose the case, if it is argued on those lines.

This also raises the question: Can a church or religious institution justify any action on the basis of religious motive? It seems to me Hosanna-Tabor already stepped outside the recognized limits of LCMS ecclesiology by purporting to treat a woman teacher at a Christian school as a “minister,” when, quite properly according to their theology, the priestly office is limited to men in the LCMS. The application of this category to religious school teachers only, it seems, to circumvent labor laws, strikes me as both cynical and irreligious. Can any employment action can be dragged into the category of religious conviction when the stated institutional convictions of the supervising denomination are clearly at odds with it? This is the elephant in the room which the EEOC has been mighty delicate not to take a shot at.

I worry that the outcome of this case, whether Hosanna-Tabor wins or loses, will be to confuse 1st Amendment jurisprudence and set bad precedents in one direction or another.

Exactly.  However the course rules, harmful precedents are going to be set.   This raises another question:  Do ministers have any legal protections?  If the ruling goes in favor of the school, that would seem to mean that churches and other religious organizations could mistreat their pastors and probably other employees with impunity, claiming a “ministerial exception” that makes them exempt from honoring the legal rights that other citizens have.

I know the New Testament prohibitions about going to court to solve church disputes–it’s much better to be defrauded–but it’s possible for a church to obey the law in regards to its ministers without anyone going to court.  The Reformation battled the notion that the church needs only follow canon law and not the laws of the state, addressing the situation  that priests and nuns were subject only to canon law, even when they committed overt crimes.  The doctrine of vocation taught that the laws of the state also were instruments of God’s social order, and that the church didn’t have the right to impose a competing legal system of its own.

We have the rights of the church vs. the rights of the pastors.  (Since the plaintiff here is a teacher, perhaps many pastors haven’t been seeing  how the case would also apply to them.)  Or should pastors claim no legal rights other than those of the church?

Awkward: Commemorating the War of 1812

Next year marks the 200th anniversary of the War of 1812.   We have been commemorating the Civil War and tend to mark significant anniversaries of other major events in American history.  But not much is being planned for this one.  Except in Canada, which is planning a big celebration of how they defeated the American invaders.  From a piece by David Shribman:

What is the best way to commemorate the 200th anniversary of the War of 1812? . . . .

How does Canada celebrate its victories over American invaders without alienating its biggest trading partner? How does the United States approach a war in which its principal adversary, Great Britain, is now one of its closest friends? And do the British pause to mark this event at all, given that for them it was but a brief, minor sideshow in the far more important Napoleonic Wars?

Along with the Korean War, the War of 1812, which most Americans remember dimly as being about impressment on the high seas and freedom of movement on the Great Lakes, is often called the Forgotten War.

It is sad  that Americans are so forgetful, for this conflict, which lasted roughly two and a half years, gave the United States its national anthem and its national identity, cemented in large measure the nation’s cultural and geographical boundaries, ushered in 200 years of peace with Britain and Canada, made the White House white and provided durable heroes such as Andrew Jackson, William Henry Harrison, Zachary Taylor, Oliver Hazard Perry and Tecumseh.

It ended in virtual stalemate — no side lost substantial territory except, of course, the Indians — and was a decidedly mixed experience for Americans, whose generals were execrable, whose militia didn’t fight well and whose twin theories of warfare (that the French Canadians would rush to the U.S. side and that Canada would collapse into American arms) were ludicrous.

“The acquisition of Canada this year, as far as the neighborhood of Quebec, will be a mere matter of marching,” wrote Thomas Jefferson, then out of office, “and will give us experience for the attack of Halifax the next and the final expulsion of England from the American continent.” Maybe Jefferson wasn’t a genius after all.

At the same time, however, the American Navy excelled, forcing the British to lose whole squadrons, which had rarely happened before. American naval prowess on the Great Lakes is still the stuff of legend, as is the old warship, the USS Constitution, known then and now as Old Ironsides.

But from the viewpoint of Canada, whose War of 1812 heroes are Isaac Brock and Laura Secord, the conflict is a different matter altogether, remembered for its glorious victories over American invaders.

“Thus the war that was supposed to attach the British North American colonies to the United States accomplished exactly the opposite,” the late Canadian historian Pierre Berton wrote in his two-volume history of the conflict. “It ensured that Canada would never become a part of the Union to the south. Because of it, an alternative form of democracy grew out of the British colonial oligarchy in the northern half of the continent.”

All this was two centuries ago, but it remains potentially awkward today.

Stephen Harper’s Conservative government, which often stresses renowned moments in Canadian history, vowed in its federal election platform to undertake a vigorous commemoration of the war. Now, however, it is trying quietly to steer the commemoration away from noisy celebrations of American defeat, an effort that may not be entirely successful.

Canadian military historian Jack Granatstein believes the commemoration will be the occasion for what he calls an anti-American festival. “The normal discourse in Canada is anti-American,” he says. “It’s a secular religion, and this is the only acceptable form of bigotry in Canada. So when we have a chance to get up on our high horse and be self-righteous and say we whipped the United States, we’ll do so. It doesn’t mean more than one Canadian in a hundred knows a thing about the war. They don’t. Usually we have a moral superiority. This time we have 200-years’-old military superiority.” . . .

The war ended in a draw, but the contest to conduct the most comprehensive commemoration isn’t even close. The Canadians have appropriated millions, the Americans hardly anything. At this rate, the Canadians will appropriate the war entirely, at least for the next several years. Which brings us to a lesson for our time: Even forgotten wars can be lost 200 years later.

via War of 1812 anniversary poses dilemma / LJWorld.com.

HT:  Jimmy, my brother, who remarks, “I was wondering if our Canadian neighbors know that when we play the Star Spangled Banner before ballgames with the Toronto Blue Jays, the ‘bombs bursting in air’ were aimed at Canadians. I just hope they don’t find out, and to commemorate the 200th’s anniversary of the war of 1812 they add another verse to Oh! Canada, which celebrates how they defeated us in our northern campaign to liberate them from the British.”  Actually, Jimmy, if you would come to visit us out here, far from Oklahoma, we would take you to Ft. McHenry in Baltimore harbor where that song was written and where you would learn that these were bombs being lobbed by British mortars into American fortifications.  But still, your point is well-taken.  I can’t understand why these countries we are always trying to liberate, to the point of going to the great trouble and expense of invading them,  just don’t want to be liberated!

 

And now, the war in Uganda?

Our good-hearted but usually doomed attempt to right the world’s wrongs by sending in American troops to battle bad guys continues, as we send in the American military to central Africa:

President Barack Obama has authorized the deployment of up to 100 combat-equipped U.S. troops to central Africa to help hunt down the leaders of a rebel force known as the Lord’s Resistance Army.

Joseph Kony, leader of the Lord’s Resistance Army during a meeting with a delegation of officials and lawmakers from northern Uganda in 2006.

A senior administration official said 12 troops have been deployed so far under what he called a training mission aimed at helping African forces find and kill Joseph Kony, the fugitive head of the rebels.

The U.S. forces will deploy to Uganda, South Sudan, the Central African Republic and the Democratic Republic of the Congo.

“Although the U.S. forces are combat-equipped, they will only be providing information, advice, and assistance to partner nation forces, and they will not themselves engage LRA forces unless necessary for self-defense,” Mr. Obama said in a letter to Congress released Friday.

The U.S. deployment will include special operations forces, defense officials said. Pentagon officials noted that U.S. forces are routinely deployed to Africa for training missions.

The Lord’s Resistance Army is believed to have killed, kidnapped and mutilated tens of thousands of civilians since the 1990s. Military officials said they believed Mr. Kony, who is wanted by the International Criminal Court, and other top LRA leaders are currently hiding the Central African Republic.

via U.S. Deploys Troops in Pursuit of African Rebels – WSJ.com.

Is this liberal foreign policy?  Isn’t this neo-conservative?  Like what President Bush did?  Maybe Republicans should just vote for Obama as the most Bush-like of all alternatives.

Certainly, one can make a case for neo-conservative military interventions to support America’s moral principles.   Do you think this new military engagement is a good idea?  Or are 100 soldiers too few to constitute a military initiative?

Manliness Contest update

We had lots of entries for the weekend contest for the best post on “Manliness”! And lots of different ideas on the subject, which underscores the need for the book and the prize The Book of Man: Readings on the Path to Manhood. We now  have to study the entries. Tune in tomorrow!

The Big 6-0

On Saturday I pass from middle-aged to aged.  I will turn 60.   I will go to the movies and order not an “adult” but a “senior” ticket, saving  $2.50.  I will be able to get cheap coffee at McDonald’s.  Please, no commiserations.  Don’t tell me, “you are only as young as you feel.”  I feel about, oh, 60.   And I don’t want to hear Bob Dylan’s blessing, “May you be forever young.”  (Bob, you know I’m a fan, but that sentiment is unworthy of you, especially since you have become way older than I am.)   Being young is not intrinsically better than being old.  Quite the contrary.   I claim Leviticus 19:32:  ”  32 “You shall stand up before the gray head and honor the face of an old man, and you shall fear your God: I am the LORD.”  Rise up, you young whippersnappers, and honor my face!  Also Proverbs 16:31:  “Gray hair is a crown of glory; it is gained in a righteous life.”  I don’t know about the last half of that sentence as it applies to me.  If sanctification is a linear progression, I should be farther along than I am, but I think it really comes from conflict, trial, and the continual pattern of repentance and finding Christ’s forgiveness, and I’ve certainly done that a lot.  So I am embracing my senior citizenship.  Plus, I am now embracing all of those old age poems by Yeats:

An aged man is but a paltry thing,
A tattered coat upon a stick, unless
Soul clap its hand and sing, and louder sing
For every tatter in its mortal dress.  (“Sailing to Byzantium”)

Manliness: A Contest

One of my former students, Nathan Martin, had worked with Reagan culture czar Bill Bennett on his sequel to The Book of Virtues, a collection of classic and contemporary readings entitled  The Book of Man: Readings on the Path to Manhood.

It explores the traits and virtues of manhood, some arguably lost in our feminized and gender-neutral age, using stories, poems, and reflections from authors ranging from Homer and Shakespeare to Winston Churchill and Ronald Reagan.  (Luther even makes an appearance!)  The book is divided into chapters  dealing with Man at War; Man at Work; Man in Sports, Play, & Leisure; Man in the Polis; Man with Woman and Children; Man in Prayer and Reflection.

The Acknowledgements credit not only Nathan but also a slew of other Patrick Henry College products:  Christopher Beach, Olivia Linde, Brian Dutze, Shane Ayers, and David Carver.  That’s virtually the whole research team, drawing on their background in the Great Books, their perceptive thinking about these issues,  and their writing and editing skills.  So I’m very proud of them.

Nathan is also a fan of this blog (you might also recognize some of those other names as occasional commenters) and of the discussions that we have here.   He sent me two copies of the book, one for me and one to give away on my blog.

So I will celebrate my birthday Hobbit style:  Instead of getting a present, I will give a present.  Well, actually I’m not giving it; Nathan is.  And it won’t really be a gift.  Unlike God, I am making you earn it.   I’d like to start one of our famous discussions.  And the person deemed to have made the best comment will receive the free book.  (I haven’t quite determined how this will be decided yet.  Maybe it will be obvious.  Maybe we’ll vote on it.)  The comments, for the purposes of the contest, will be closed at midnight Eastern time on Sunday.

So here is the topic for discussion:  What is “manliness” in your thinking and in your experience?

I’d like to hear from women (what are the masculine traits that you look for in a man?) and men (when did you have to “act like a man,” and what did that entail?), and from people in various stages of life (boys, youth, husbands, fathers, and old guys like I have now become).

By the way, if you don’t want to hold out for a free book, you can buy one by clicking the links.

 


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