Can Religious Organizations Still Discriminate
The new Supreme Court ruling which declared employers cannot fire an employee for being gay or trans has religious organization wondering if it means them as well as everyone else. They have been claiming since day one they will not employ gay people because gay people are sinners. And, they will not employ people living together that are not married.
There are cases in the pipeline that will reveal the answer. While we don't know what that answer will be it's fun to speculate.
My guess is that the Court will split hairs as it often does. That is it will find some technicality a majority can agree on. A potential technicality would be what responsibility the employee of a religious organization has.
For example, I'm certain that up to now, Franklin Graham would fire a janitor who he suspected was in a gay relationship. How would the goals of his organization, Samaritans Purse, be altered one way or another if a janitor were gay? If all his janitors were gay nothing would change.
He could argue, however, if his executives who provide training or speak in public were gay it might change things slightly because his group believes this is sin. This is the area I think the Supreme Court will yield a little. The Grahams of the world might be allowed to discriminate against gay people in limited ways involving policy or religious advocacy positions.
I want religious groups to have smaller influences on people's everyday lives and choices. The smaller these organizations are and the less money they have to push their notions on to everyone else the better off we all are. That is, I don't care one way or another whether they survive and thrive so long as they keep their noses out of everyone else's lives. For that reason, I would not be disappointed if Graham, Catholics and all the other wheelers and dealers of religion are allowed to discriminate when they hire leaders and preachers.
It highlights how backward they are and discourages people from joining them.
If a person does not meet the moral or religious standards of a valid church, then employment, services and products can be withheld. This is guaranteed in the First Amendment.
ReplyDeleteCatholic priests have the shield of the First Amendment to withhold Communion to excommunicated individuals. It is a precept of the Catholic Faith. Likewise, the Church can legally discriminate in who it celebrates the sacrament of marriage; that goes for homosexual and heterosexual persons. The Church can discriminate as to who can enter the priesthood or religious life. The Church can discriminate in who it employs and who it terminates from employment. It can establish a conditional employment agreement that would inform prospective employees of certain actions or behaviors which would lead to dismissal. Teachers in Catholic schools can have no expectation of employment if they don't follow that agreement.
The State is not the hammer over the heads of the individual. It is the servant of the citizens which can lead to decisions over who to punish and not punish. The First Amendment's establishment clause is quite clear on religious freedom.
I know priests who will happily be jailed rather than to violate the Ten Commandments or any other teaching of our Church. I'm sure there are other religions who would do the same.
If you have a problem with the US Constitution, feel free to seek to change it. It is ironic that deep left individuals are now the enemies of the First Amendment.
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