The Immanent Frame

Secular law lost unanimously in the Supreme Court of the United States last week. The Americans with Disabilities Act (ADA) is a federal antidiscrimination statute that bars discrimination against employees on the basis of a disability. The ADA also contains an antiretaliation provision that prohibits employers from retaliating against employees who file charges under the statute. The statute itself does not exempt religious employers from liability. Nonetheless, the Court dismissed schoolteacher Cheryl Perich’s ADA retaliation lawsuit against Hosanna-Tabor Evangelical Lutheran Church and School on the grounds that Perich was a minister.

One recurring justification for the ministerial exception has been the “problem” of women priests. The specter of the Roman Catholic Church being forced to ordain women priests has repeatedly haunted discussions of the ministerial exception. Catholic women priests are wrongly used as a justification for the exception. It was unfortunate that the women priests issue became part of the oral argument in Hosanna-Tabor, as it distracts attention from the more important issues at stake in the exception.