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Update: Ministerial Exception and Minority Religions

Today the Supreme Court of the United States issued a ruling in Hosanna-Tabor Church v. Equal Employment Opportunity Commission, which centered on the question of whether an employee of a religious organization could be fired without recourse to anti-discrimination laws if they were ordained within said faith. The case heard by the Supreme Court involved a teacher at a Lutheran school who was fired due to a sleep disorder. The Equal Employment Opportunity Commission, backed by the Justice Department, felt that her role at the school was largely secular in nature, and shouldn’t fall under the exceptions usually given to clergy within religious groups. However, the court, in a rare unanimous ruling, sided with Hosanna-Tabor Church, and for the first time, acknowledged that a ministerial exception from federal discrimination laws does exist.

The Supreme Court of the United States

The Supreme Court of the United States

“Closing the courthouse door much of the way, but not completely, to workplace bias lawsuits by church employees who act as ministers to their denominations, the Supreme Court on Wednesday unanimously gave its blessing — for the first time — to a “ministerial exception” to federal, state and local laws against virtually all forms of discrimination on the job.  The Court’s ruling, which only Justice Clarence Thomas said did not go far enough, did not order courts to throw out all such lawsuits as beyond their jurisdiction, but it left them with only a narrow inquiry before the likely order of dismissal would come down.  As soon as the denomination makes its point that it counts an employee as a “minister,” within its internal definition, that is probably the end of the case.  And the employee could be anyone from the congregational leader, on down to any worker considered to be advancing the religious mission.”

In short, ministerial exception involves not only ministers, but any employee who is performing religious work within a faith group. This was plainly expressed in the concurring opinion of Justice Alito and Justice Kagan, who noted that many religions do not use the term “minister” and that “courts should focus on the function performed by persons who work for religious bodies.”

“The First Amendment protects the freedom of religious groups to engage in certain key religious activities, including the conducting of worship services and other religiousceremonies and rituals, as well as the critical process of communicating the faith.  Accordingly, religious groupsmust be free to choose the personnel who are essential tothe performance of these functions. The “ministerial” exception should be tailored to this purpose. It should apply to any “employee” who leads a religious organization, conducts worship services or important religious ceremonies or rituals, or serves as a messenger or teacher of its faith. If a religious group believes that the ability of such an employee to perform these key functions has been compromised, then the constitutional guarantee of religious freedom protects the group’s right to remove the employee from his or her position.”

This concurring opinion will no doubt be very welcome to a coalition of minority faiths, the Muslim-American Public Affairs Council, United Sikhs, Church of the Lukumi Babalu Aye, International Society for Krishna Consciousness, O Centro Beneficente Uniao Do Vegetal, and Templo Yoruba Omo Orisha, who filed an amicus brief in this case  warning that they were particularly susceptible to judicial encroachment, and that their faiths often categorize what might be seen as “secular” work within a sacred context.

“…many seemingly secular activities take on deep religious significance within specific faith traditions. For Sikhs, for example, operating a community kitchen and providing meals (langar) to the needy and vulnerable is an indispensible element of religious worship. For some temple-centric religions, the actual process of constructing a temple carries deep religious significance. Hindu temple architects and artisans follow ancient religious traditions in their work. For others, temple overseers may be tasked specifically to ensure that construction workers follow religion-based standards and refrain from profane acts that might desecrate the temple. For other religious organizations, meditation is a form of worship, distributing aid through prescribed means is an essential sacred ritual, and counseling and healing are acts inspired by deity. But because such religious functions – at least from the external view – may be indistinguishable from the same activities carried out for secular purposes, courts trying to parse the sacred from the profane jeopardize the ability of religious organizations to define and carry out their own sacred missions.”

The court agreed with this view, noting that the “amount of time an employee spends on particular activities is relevant in assessing that employee’s status, but that factor cannot be considered in isolation, without regard to the nature of the religious functions performed.” Justice Roberts went on to say that the lower court’s ruling “placed too much emphasis on Perich’s performance of secular duties.”

I don’t think it is hyperbole to say that this is a landmark ruling, enshrining the concept of ministerial exception in our highest court, and all but eliminating workplace discrimination suits if the plaintiff performs a significant religious role within an organization. That said, the court did stress that this doesn’t protect religious organizations from criminal investigation or other kinds of litigation, and should only be applied to the hiring and firing of “ministers”. How broad or narrow the understanding of “ministerial” duties will be is something that will no doubt be settled in the courts for years to come. For minority faiths, it seems to signal that the ministerial exception isn’t isolated to traditional minister-congregational models, and can be applied to any number of religious situations. What the ramifications might be for adherents to non-Christians models of worship and work remains to be seen.

You can read my original post regarding this story, here. For extensive links to documents and analysis of this case, do check out the information-packed SCOTUSblog.

32 responses so far

Unleash the Hounds! (Link Roundup)

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

That’s it for now! Happy 2012 everyone! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

7 responses so far

Virginia Pagan Wins Conservation Post in Tuesday’s Elections

It was election night this past Tuesday, and while the media has largely focused on hot-button political issues like fetal “personhood” or collective bargaining rights, our faith communities took a quiet political step forward in Virginia. There, local Unitarian-Universalist and Pagan Lonnie Murray won a seat on the Thomas Jefferson Soil and Water Conservation District (TJSWCD), a body that provides natural resource assistance for Albemarle, Fluvanna, Louisa and Nelson Counties, as well as the city of Charlottesville. Murray now joins the ranks of Dan Halloran and Jessica Orsini as openly Pagan/Heathen elected officials.

Lonnie Murray

Lonnie Murray

While Murray is openly Pagan, describing his theological views as Animist, he is also quick to stress that he’s not a “Pagan politician” but rather a “politician who happens to be Pagan.”

“I think working on improving my own community policy is it’s own kind of magic. It is taking our best intentions and ideas and manifesting them in the world. I think the real story here is not that being pagan and running for office is an issue, but rather that it isn’t. The fact the entire campaign discussion is about policy and not my faith means we’ve made progress.”

After his win on Tuesday, Murray sent me the following statement explaining how his religious beliefs were a natural progression towards conservation work, and eventually, running for political office.

“I spent around a decade helping lead the NatureSpirit group in Charlottesville, and during those years I realized how important local community is and that if I really cared about the natural world, then I needed to get more involved in local politics. After all, every endangered species in the United States is in someone’s county, or someone’s back yard. While the Soil and Water Conservation District is a small and rather obscure elected office, how rainwater and erosion is managed can make all the difference in the livability of our neighborhoods and the health of our environment.

It has been a natural progression for me, in terms of starting as an activist, then being appointed to various task forces and advisory committees, to then running for elected office. What has amazed me the most is how much positive change on a local level is really possible. Magic to me has always been about intention, and certainly working in public policy you get the opportunity to use ideas and intention to help improve your own community. Of course, one of the great things about Charlottesville is that we have a long history of religious diversity (going back to Thomas Jefferson) and people here tend to value people on the merit of their ideas. Indeed, there have been many non-Pagans and public officials over the years that knew of my faith, and encouraged me to become more involved in politics and serving the public, because they valued my ideas and experience.

It’s my goal to repay the trust voters have placed in me, to serve my community the best I can, and help empower others wherever possible.”

Murray hopes his successful run for local office will inspire other Pagans to get involved in the daily workings of our political system, noting that democracy itself was a pagan invention, and saying he looks forward to “when our faith(s) will have conversations about climate change and cleaning up the Chesapeake Bay.” Lonnie Murray’s election may not seem earth-shattering in the current political calculus of partisan hostility and culture-war divisions, but his quiet determination to live out his Pagan values by working to preserve our natural resources on a local level is a perfect example of how our family of faiths can effect positive change in a palpable and immediate way. Here’s hoping more of us follow his path.

26 responses so far

Unleash the Hounds! (Link Roundup)

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

44 responses so far

Ministerial Exception and Minority Religions

On Wednesday the Supreme Court of the United States will hear a case that could have serious ramifications on what’s known as “ministerial exception” at institutions run by religious organizations. Hosanna-Tabor Church v. Equal Employment Opportunity Commission centers on a teacher at a Lutheran school who was fired due to a sleep disorder. The church is claiming that the teacher’s position falls under ministerial exception, and is therefore exempt from any discrimination proceedings, while the Equal Employment Opportunity Commission, backed by the Justice Department, feels that her role at the school was largely secular in nature, and shouldn’t fall under the exceptions usually given to clergy within religious groups.

Cardinal Donald Wuerl and Chief Justice John Roberts

Cardinal Donald Wuerl and Chief Justice John Roberts

“The core question before the Justices, in responding to the broad argument for an exception, is how to define the scope of duties of parochial school teachers like Cheryl Perich.   If the decision is that Ms. Perich was a minister, anti-bias laws cannot shield her in the workplace; if she was not, she is then like any other worker, protected against discrimination on the job.   In her case, the claim is that she was discriminated against because of her physical health problems and her insistence on her legal rights — in short, she was allegedly the victim of retaliation, in violation of the federal Americans with Disabilities Act.”

While all the expected big players in American religion, the United States Conference of Catholic Bishops, the National Council of Churches, and the National Association of Evangelicals, are backing the church, and a broad interpretation of ministerial exception, so too are a number of minority religions in the United States.

“Defending the school is a coalition of small and sometimes-obscure religious groups. They include the Muslim-American Public Affairs Council, United Sikhs, Church of the Lukumi Babalu Aye, International Society for Krishna Consciousness, O Centro Beneficente Uniao Do Vegetal and Templo Yoruba Omo Orisha.”

In their amicus brief, this coalition of minority religions say they are particularly susceptible to judicial encroachment, and that their faiths often categorize what might be seen as “secular” work within a sacred context.

“…many seemingly secular activities take on deep religious significance within specific faith traditions. For Sikhs, for example, operating a community kitchen and providing meals (langar) to the needy and vulnerable is an indispensible element of religious worship. For some temple-centric religions, the actual process of constructing a temple carries deep religious significance. Hindu temple architects and artisans follow ancient religious traditions in their work. For others, temple overseers may be tasked specifically to ensure that construction workers follow religion-based standards and refrain from profane acts that might desecrate the temple. For other religious organizations, meditation is a form of worship, distributing aid through prescribed means is an essential sacred ritual, and counseling and healing are acts inspired by deity. But because such religious functions – at least from the external view – may be indistinguishable from the same activities carried out for secular purposes, courts trying to parse the sacred from the profane jeopardize the ability of religious organizations to define and carry out their own sacred missions.”

Interestingly, the Unitarian Universalist Association, filing along with the ACLU and American United, takes a very different view of this case. In their opinion, a generous interpretation of the exception shields groups engaging in abusive or exploitative actions.

“The ministerial exception is designed to allow religious bodies to practice their religion and convey their message without government interference. But the exception thwarts society’s interest in ending discrimination—without serving the exception’s purpose—when applied to shield a religious entity from liability for discrimination or retaliation that is unrelated to religious ideology. As a result, in applying the ministerial exception, courts can and should use their considerable experience in determining whether sincere religious views animated a litigant’s conduct. And the Constitution provides no bar to this enterprise.”

It all comes down to viewpoint. For minority groups like Church of the Lukumi Babalu Aye or O Centro Beneficente Uniao Do Vegetal, who have both gone to the Supreme Court to protect their beliefs and practices, the less power the government has to pass judgment on their practices, the better. For the UUA, and the civil liberties groups who often represent minority faiths in court, it’s about accountability and justice.

“The American Civil Liberties Union and a coalition of religious-liberty groups filed a friend-of-the-court brief in the case, considered by many to be one of the most important religious liberty cases in years.  The brief argues that although churches certainly have a constitutional right to religious autonomy, that right is not absolute, and religious organizations do not have the right to discriminate based on non-religious grounds. Religious institutions should be given some leeway in hiring practices in order to express and practice their faith. For example, a Catholic church need not hire a female priest and an Orthodox Jewish congregation need not hire a female rabbi if doing so would violate their religious tenets. However, this ministerial exception should not apply to discriminatory decisions that have nothing to do with religious doctrine.”

So how will SCOTUS rule? Well, a good preview might be Sylvia Spencer v. World Vision Inc in which the 9th Circuit Court ruled that the religious non-profit organization could hire and fire workers based on religion. That decision was just denied certiorari, meaning they’re allowing the ruling to stand. Is it a harbinger? Will the six Catholic justices find themselves moved by their own church’s position on this case? SCOTUS will have to decide how far the First Amendment reaches, or as law professor Richard W. Garnett put it: “Does a government like ours, limited by a provision like our First Amendment, have the authority to second-guess a religious community’s decision — even a decision that seems wrongheaded or objectionable — about who should be its religious teacher, leader, or minister?” What do you think?

32 responses so far

Paganism: Arts, Ads, and Aesthetics

Today I’m going to take a break from my inevitable contribution to the ongoing debate about Christian Dominionism, and instead look at some arts and design-related news that might be of interest.

Dionysus is The Blood: First off, filmmaker Brielle Simone Greenberg’s paeon to the god Dionysus has been making the rounds of the Pagan ‘net. Sannion at The House of Vines says that “this short film comes closer to depicting the god I worship than anything I’ve ever seen before.”

“The Greek God Dionysus does not only stand for revelry. He stands for the oppressed in an uncanny world. This film is dedicated to all those who are oppressed and who are affected by patriarchal society.”

Interestingly, the song used in the film, “You Are the Blood,” is by sung by singer-songwriter Sufjan Stevens, a protestant Christian known for his poetic and emotionally intense explorations of his own faith. The song itself was written by the Castanets (who are on Steven’s excellent Asthmatic Kitty label).

Polytheism and Levis: Also catching attention is a new Levis commerical that uses Charles Bukowski’s “The Laughing Heart” as its backdrop, part of their larger “Go Forth” campaign.

I do have to admit that hearing lines like “the gods will offer you chances” and “the gods wait to delight in you” did produce a certain thrill, even if it was in the service of selling jeans.

Fine Arts and the Tarot: Calvin Tomkins at The New Yorker covers a new exhibit by Naples/New York artist Francesco Clemente at the Uffizi Gallery, in Florence. His latest body of work is a set of tarot card paintings featuring a variety of his famous friends and fellow artists appearing as different cards.

Seven of Disks

“Clemente’s portraits all tend to look alike at first glance—huge eyes, full lips, serious expression—but then you see something that, if you’ve met the person, is exactly right. The playwright Edward Albee, sitting for the Emperor, clasps his haunted-looking face in both hands as he gazes out from beneath a sixteen-pointed star. Fran Lebowitz, as Justice, holding scales in one hand and a sword in the other, regards the viewer with that dour look that sets up the punch line. Salman Rushdie (the King of Swords), Colm Tóibín (the Hermit), Philip Glass (the Judgment), Kiki Smith (the Queen of Disks), Diane von Furstenberg (the Force), Paz de la Huerta (the Wheel of Fortune), Sara Mearns (the World), and numerous others maintain their singularity while assuming new and mythic identities. The portraits were all done in Clemente’s studio, and they took about two hours apiece—he had drawn in the bodies and the backgrounds earlier.”

You can view a slideshow of some of the paintings, here. As someone who has engaged in using the tarot as artistic inspiration, it should be noted that Clemente is part of a long lineage of fine artists creating their own tarot cards. This includes Andy WarholVictor Brauner, and Salvador Dali, among many others. Above is his “Seven of Discs,” which doesn’t feature a famous face, but is one I particularly liked.

Aesthetically Challenged Pagans? Chas Clifton points me to a post by Unitarian-Universalist minister Victoria Weinstein, perhaps better known in the UU blogosphere as “PeaceBang”. In this post Weinstein covers the oft-covered ground of how UU ritual is “so deadly awful, drab, and painfully unbeautiful.” Truly, as someone who used to be quite invested in the UU world (I was once a member of a UU church and worked at a UU community center) these complaints are nothing new, and I quickly learned to avoid most services like the plague. You know what’s worse than having a Pagan sing dull Christian hymns? Having them sing sanitized dull formerly-Christian hymns. But I digress.  In any event, the thing that caught Chas’ attention is in the comments where she takes a swipe at the aesthetics of UU Pagans.

“And not to dismiss the contribution made by the Pagan contingent but when I think “aesthetics” the pagan community is most decidedly NOT what comes to mind. In fact, I believe that the neo-pagan community has done more harm than good by inflicting too many embarrassingly bad rituals, dances and music on our worshiping communities.”

I find it interesting when someone says they don’t want to dismiss someone’s contribution and then proceeds to dismiss it. Not to get into this too deeply, but I question the depth of Ms. Weinstein’s knowledge of modern Pagan ritual, dance, or music. I don’t remember seeing her at any of our big national festivals or indeed, remember any history of engagements on her part with modern Paganism in general. Perhaps all the Pagan rituals, songs, and dances she has encountered in her limited experience have been “embarrassingly bad” but I would also wager that her sample-size is quite small and not representative of our larger movement. There’s no accounting for taste they say, but I hasten to point out that it isn’t modern Paganism that is having a growth and retention problem. So we must be doing something right in the aesthetics department. One wonders how many UU congregations would collapse if they were to remove all traces of the harmful Pagan influence.

A Witch Trials Rock Opera: Finally, I’d like to leave you with a review of “Abigail: The Salem Witch Trials Rock Opera” by Scott Schulz from The Juggler (also reprinted at the Patheos Pantheon blog).

“Abigail The Salem Witch Trials A Rock Opera is a balls-to-the-wall hard rock exploration of the roots of Christian theocracy in America. While last year’s production was a somewhat muddled mess saddled with an awkward venue and abysmal sound system, this year’s production is far more clear and clean. A strong effort has been made to clarify the motivations of the characters, and the multimedia elements have been vastly improved in way that enhances the experience rather than providing a constant distraction. The cast has uniformly embraced the swagger of the music, and so what was once a substantially lopsided confrontation between the Christian Patriarchs of Salem Village and the people that they oppress is now far more equal (at least on a raw, emotional level – the men still have all the political power in the setting). The young Abigail (played this year by CASEY CASTILLE) now stands toe to toe with DANIEL KNOP’s Reverend Parris in a rock and roll confrontation which, in no small way, shaped our nation.”

It’s currently playing in San Francisco, so if you’re in the area, and a fan of rock operas, you should check it out.

That’s all I have for now, have a great day!

74 responses so far

Pagan Charity in Missouri and Australia, plus other Pagan News of Note

Top Story: Though still small religious minorities throughout the world, contemporary Pagan groups have increasingly involved themselves in charitable campaigns, and created charities of their own. In Kansas City, Missouri Gaia Community, a Pagan Unitarian-Universalist congregation, raised a half-ton of food at the 2011 God Auction, which was donated to Harvesters Community Food Nework. It was estimated that the food raised was enough to provide for 795 meals.

Food raised by Gaia Community

“…one of the reasons we schedule this fund raiser in the summer is we know it’s a time when donations to Harvesters tend to be low, while demand for food is high with children out of school.” – David Reynolds, Gaia Community member

You can read more about Gaia Community’s efforts by downloading the press release for the event, or visiting their website. While Gaia Community raised food for an already existing charity, in Australia the Community Church of Inclusive Wicca Inc. (CCIWI) has started their own food pantry, which was just granted full tax deductibility status. The first Wiccan group, though not the first Pagan group, to achieve this. Founder Amethyst Treleven said that she was “very proud” to have her charity receive “the same recognition as other religious based charities which have traditionally been Christian organised.” CCIWI’s food pantry was founded so that Pagans in need could find aid without feeling pressured to “accept the faith of that charitable body,” and won’t have to “compromise their spiritual and religious beliefs.”

Those are just two examples of how Pagans are helping each other, and reaching out to help the communities we live in. Every year Pagans collect tons of food for charity though the annual Pagan Pride days, while several Pagan organizations engage in outreach, fundraising, and volunteer efforts. Back in 2003 Jim Towey, then-Director of the White House Office of Faith-Based & Community Initiatives, questioned the charitable instincts of Pagan groups. Since then Pagans in the United States, and around the world, have worked to show that though small in number, we have a true commitment to charity and helping others.

In Other News:

That’s all I have for now, have a great day!

24 responses so far

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