Research On Religion » Obama administration

Matthew Franck on Hosanna-Tabor and Ministerial Exemptions

tonygill — Sun, 28 Apr 2013 08:00:42 +0000

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Can a elementary school teacher at a private religious school be relieved of her duties because of difficulties with a diagnosed disability? Does such an incident apply under the “ministerial exemption” under the rules put forth by the Equal Employment & Opportunity Commission? These were the issues at stake in the recently decided Supreme Court case Hosanna-Tabor Evangelical Lutheran Church and School v EEOC (decided January 2012). While seemingly a minor case in the eyes of the general public, the surprising decision handed down by the nine SCOTUS justices will likely have a wide-reaching impact on religious liberty issues. Prof. Matthew Franck, director of the William E. and Carol G. Simon Center on Religion & the Constitution at the Witherspoon Institute in Princeton, New Jersey, helps us understand the details and broad scope of this historic decision. We begin by outlining the initial complaint in the case — how Cheryl Perich, a grade school instructor with numerous duties and a person designated as a “called teacher” (an important detail in the case), was not rehired after taking a leave of absence due to issues with narcolepsy. Matt explains how the conflict generated first made its way into a district court in Michigan and then proceeded up the chain of the legal system to the 6th Circuit Court of Appeals. The initial district court decision was to dismiss Mr. Perich’s complaint, but the 6th Circuit judges reversed this ruling arguing that she had been discriminated against. Prof. Franck explains how the legal process generally works and how it related to this case, and he further provides information about the “ministerial exemption” clause to most labor regulations. The “ministerial exemption” becomes the fulcrum point on which this case balanced and, in theory, allows for religious institutions to gain exceptions from certain anti-discrimination labor laws if the matter of discrimination impinges upon religious rights of conscience and the ability of a religious group to carry out its mission. Matt provides several examples of how this exemption would work in practice and notes that a legal test of this exemption has never made its way up to the Supreme Court until Hosanna-Tabor v EEOC. For the most part, the legal system has been fairly liberal in granting these exemptions. We then cover why the 6th Circuit Court reversed the lower court’s decision, with the explanation hinging upon a decision of how much time Ms. Perich spent on ministerial (religious) duties relative to other activities, such as teaching art. It is at this point that Tony reveals he may have eaten paste as a kid. Prof. Franck then takes us through the procedures on how this case moved to the SCOTUS and answers Tony’s question, “How did Hosanna-Tabor pay for the legal fees?” He reveals that a case of this magnitude often draws interested parties along the way, and this test of “ministerial exemption” drew the attention of groups like The Beckett Fund, which played an instrumental role in arguing the case. We then look at arguments on both sides of the case, with Matt positing that the Solicitor General’s lawyers (i.e., the government’s litigation team) may have made a significant error in its legal arguments. We also discuss how the “chattering classes” were making prognostications about this case and whether or not they thought it would be a close decision and in which direction the decision would fall. Surprisingly, we learn, the decision was a unamimous 9-0 victory for Hosanna-Tabor. Prof. Franck finishes the interview with what the implications of this case on the general issue of religious freedom as well as specific cases such as the legal rights of private businesses and volunteer organizations such as the Boy Scouts of America. Recorded: April 23, 2013.

David Wills on Religious Charity and Taxes

tonygill — Mon, 08 Apr 2013 08:00:05 +0000

(While your host is taking a short break, we rebroadcast this interview from two years ago. The issues remain as timely today as they were then!)

David Wills, president of the National Christian Foundation (NCF) and a lawyer specializing in charitable giving and estate planning, joins our program to discuss the relationship between charitable giving, taxation and other government regulations. Our discussion starts on a broad philosophical level, examining how our society decides to allocate resources to solve various social problems — either via private charity or government intervention. We center our attention on disaster relief but observe that the pincipals we discuss apply to a wide range of social services. David reviews how his foundation operates and facilitates the relationship between donors and charitable organizations, which include both religious and secular organizations. Surprisingly, we discover that the NCF not only serves large philanthropic donors, but regular folks who might be donating just a couple thousand dollars each year. Tony notes that the NCF represents a unique entrepreneurial institution that allows individuals to make the most efficient use of their giving. We then discuss whether increases in taxation and government services have affected level and nature of charitable giveing. David provides an interesting grassroots perspective on this issue that contrasts with an earlier podcast we had with Daniel Hungerman. Our conversation turns to tax laws and other regulations affecting charitable organizations. David discusses how both tax rates and the regulatory defnition of what constitutes a charity can have a large impact on religious charity. He provides some insight into some potential legal and tax code changes on the horizon that may have a large impact on NGOs and donors. Anybody who runs, or donates to, a charitable organization will want to listen closely to what is happening as these changes are not widely discussed in the news media. Tony asks David about his thoughts on the Bush Administration’s Faith-Based Insiative. David finishes with some interesting observations about the role of megachurches with respect to these potential legal changes and his views on the future of megachurches contrasts with that of our previous guest, James Brettell. Recorded: March 23, 2011.

David Wills on Religious Charity and Taxes

tonygill — Mon, 11 Apr 2011 08:00:45 +0000