{"id":2010,"date":"2012-01-11T14:46:33","date_gmt":"2012-01-11T19:46:33","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2010"},"modified":"2012-01-11T17:50:46","modified_gmt":"2012-01-11T22:50:46","slug":"jay-sekulow-victory-for-religious-freedom","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/01\/jay-sekulow-victory-for-religious-freedom.html","title":{"rendered":"Jay Sekulow: Victory for Religious Freedom"},"content":{"rendered":"

\"\"<\/a>In an unanimous decision, the Supreme Court today issued an important decision<\/a> representing a tremendous victory for religious freedom.<\/p>\n

The high court concluded that courts should not intervene in the workings of churches. The Justices determined that the First Amendment protects the ability of churches and church schools to select their ministerial employees without government intrusion.<\/p>\n

Here’s the background: The case involved a religiously commissioned teacher who taught in a Missouri Synod Lutheran school but was fired after she became confrontational with the school administration. The federal EEOC and the teacher herself teamed up to sue the church, claiming the church “retaliated” against her for threatening to sue over a medical disability.<\/p>\n

A federal district court threw the case out on the grounds that the so-called “ministerial exception” to employment laws barred court review of the retaliation claim. But a federal appeals court reinstated the lawsuit, reasoning that the teacher’s religious role and duties were outweighed by her instruction of the students in secular subjects.<\/p>\n

The Supreme Court today overturned that appeals court decision. The Court concluded that both the Free Exercise Clause and the Establishment Clause of the First Amendment protects the freedom of churches to select religiously commissioned teachers for their religious grade schools.\"\"<\/a><\/p>\n

In its opinion<\/a>,\u00a0the high court concluded: “The interest of society in the enforcement of employment discrimination statutes is undoubtedly important,” said Chief Justice John Roberts. “But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission.”<\/p>\n

“When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us. The church must be free to choose those who will guide its way,” Roberts added.<\/p>\n

We filed an amicus brief<\/a> in this case on behalf of itself and the InterVarsity Christian Fellowship\/USA.<\/p>\n

This decision by the Court will generate a lot of interest and analysis. The fact that the Court was unanimous in this decision underlines how an essential\u00a0part of religious liberty is the principle that churches and synagogues get to select their religion teachers.<\/p>\n

Government has no business deciding who should or should not carry out religious ministry, and we’re delighted the high court reached that conclusion.<\/p>\n

Jay Sekulow<\/a><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2010","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=2010"}],"version-history":[{"count":9,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2010\/revisions"}],"predecessor-version":[{"id":2031,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2010\/revisions\/2031"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2010"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2010"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2010"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}