US Supreme Court backs religious independence in surprise decision

The unanimous decision is a major setback for the Obama Administration.
James S. Cole
Monday, 23 January 2012

Earlier this month, the US Supreme Court decided a case filed by the US Equal Employment Opportunity Commission and a teacher against a church-operated grade school in Michigan. Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, No. 10-553 (January 11, 2012). (The Slip Opinion, the official pre-publication version of the Court’s decision, is available on-line here.) The Supreme Court's 9-0 decision in favor of the First Amendment is a noteworthy setback to the anti-religious campaign waged by the Obama Administration in the law.

Hosanna-Tabor is a congregation of the Lutheran Church-Missouri Synod that "called" Ms Perich to teach in its school. To be “called,” a teacher had to complete eight college-level courses in aspects of Lutheran theology and obtain the approval of the local District of the LCMS. After that training and approval, once a congregation “called” the teacher, the teacher was employed indefinitely and was commissioned as a minister in the church. Duties as a teacher included teaching religion, leading a prayer service in class, and occasionally organizing larger religious services for the entire school. The school also employed “lay” teachers, who were not considered ministers and had year-to-year contracts. the rest