Wis. court: Religious teachers can't claim bias
MADISON, Wis. (AP) — The Wisconsin Supreme Court says religious school teachers are not protected by the state's anti-discrimination laws.
In a 4-3 decision, the court says religious schools have a constitutional right to choose their own employees to carry out their missions and that includes many teachers.
The court says those employees cannot make discrimination claims under the Wisconsin Fair Employment Act because that would interfere with their employers' right to religious freedom.
The court dismissed an age discrimination complaint filed by a former first-grade Catholic school teacher.
Dissenting Justice Patrick Crooks says the decision "extends a free pass to religious schools to discriminate against their lay employees."
Jul 21, 2009 at 6:32 p.m.
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I wonder how many that are condemning this decision, are yelling for separation of church and state at other decisions they don't agree with? I think many should look up the word hypocrisy....and then look in the mirror.
Jul 21, 2009 at 4:38 p.m.
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Too many older workers are getting the shaft.
Jul 21, 2009 at 4:30 p.m.
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I don't think anybody thinks it is wrong for a private Catholic schoold to only hire Catholics (for example). However, if a hypothetical Catholic school suddenly wants to fire all teachers over the age of 50....how on earth is that action protected? Age has NOTHING to do with religion observation. What if this same hypothetical Catholic school suddenly fired all black teachers. Would that also be OK.
Jul 21, 2009 at 3:51 p.m.
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kinsohn, do believers in god claim the moral highground?
Jul 21, 2009 at 2:09 p.m.
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Exodus 21:20-21 (New King James Version)
20 “And if a man beats his male or female servant with a rod, so that he dies under his hand, he shall surely be punished. 21 Notwithstanding, if he remains alive a day or two, he shall not be punished; for he is his property.
Jul 21, 2009 at 12:37 p.m.
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"I didn't know that schools had any "rights" at all, I thought only people had "rights".
...and fewer and fewer at that. But I digress.
Schools don't have rights, but religious schools enjoy constitution protection. The right to freely exercise religious expression is a specific constitutional protection that lies somewhat outside the unalienable or natural rights of the individual. It recognizes the fact that exercising religion is collective by nature and protects those collectives (i.e. churches) on that basis. Therefore, a religious school gains the rights of its church sponsor by extension.
Jul 21, 2009 at 11:52 a.m.
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It appears AmishBob is the only blogger who caught the age discrimination portion. Well done. Other yahoos see the word 'religion' in a news story and they spin it to their own liking without reading the context. Typical.
Jul 21, 2009 at 10:19 a.m.
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kinsohn: Maybe you should try reading the article. It was an AGE DISCRIMINATION complaint, nothing to do with religious beliefs. Where does age play into religious beliefs?
Jul 21, 2009 at 10:07 a.m.
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For the neanderthal atheists on this string: it's called freedom of association and religion. A Catholic school should not be forced by government to hire someone who's not Catholic.
Just like the Boy Scouts don't have to hire gays or Thrivent in Appleton doesn't have to have non-Luterans as executives.
Jul 21, 2009 at 10:05 a.m.
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"the court says religious schools have a constitutional right to choose their own employees". I didn't know that schools had any "rights" at all, I thought only people had "rights". The whole opinion seems to be based on this point.
Jul 21, 2009 at 9:43 a.m.
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I think this is bizarre. To exclude them entirely from the FEA when the claim at stake had nothing to do with religious freedom makes no sense.
Jul 21, 2009 at 9:07 a.m.
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Christians don't discriminate - they follow the bible:
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1 Corinthians 14:34-35 (King James Version)
34Let your women keep silence in the churches: for it is not permitted unto them to speak; but they are commanded to be under obedience as also saith the law.
35And if they will learn any thing, let them ask their husbands at home: for it is a shame for women to speak in the church.
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