Tag Archives: state

Unanimous U.S. Supreme Court Affirms Right of Churches to Keep Government Out of Hiring, Firing Decisions

(WASHINGTON, DC) In a unanimous ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C., the United States Supreme Court has affirmed that churches have a First Amendment right to keep the government out of its employment decisions. The case tested the limits of “ministerial exception,” a First Amendment doctrine that bars many employment-related lawsuits brought against religious organizations by employees performing religious functions. In deciding the case, the Court determined that the ministerial exception can be applied to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister and regularly leads students in prayer and worship. Attorneys for The Rutherford Institute filed a “friend of the court” brief in the case on behalf of Hosanna-Tabor Evangelical Lutheran Church and School, asking the Court to adopt a standard that defers to the church’s determination of whether and how an employee is important to the spiritual mission of the church.

The Supreme Court opinion and The Rutherford Institute’s amicus brief in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. are available at www.rutherford.org.

“This is an important victory for religious freedom. When a church is forced to make employment decisions based on a lawsuit rather than spiritual needs, the end result is that its core activities and spiritual message are inevitably altered in order to accommodate or protect against government pressures or expectations,” stated John W. Whitehead, president of The Rutherford Institute. “Churches must be free to decide for themselves, free from state interference, matters of church governance as well as those of faith and doctrine.”

The case of Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. relates to an employment claim made by Cheryl Perich, who was hired as a “called” teacher for Hosanna-Tabor Evangelical Lutheran Church and School in 2000. As a “called” teacher, Perich had to be recommended for appointment by the church’s elders and board of directors. Perich taught math, language arts, social studies, science, gym, art and music. She also taught a religion class four days per week (two hours total), attended chapel with her class once a week and led chapel services twice a year. In June 2004, Perich fell ill, was placed on disability and eventually was diagnosed with narcolepsy. When the school began the process of cutting ties with Perich because she could not perform her duties, Perich brought a claim against the school under the Americans with Disabilities Act. The claim was dismissed under the “ministerial exception” doctrine, which precludes courts from becoming involved in claims that would decide the employment relationship of “ministerial” employees. However, the dismissal was overturned on appeal by the Sixth Circuit.

In filing an amicus brief with the U.S. Supreme Court, attorneys for The Rutherford Institute asked the Court to reject the Sixth Circuit Court of Appeals’ ruling that whether an employee is a “minister” for purposes of this exemption depends on whether “the employee’s primary duties consist of teaching, spreading the faith, church governance, supervision of a religious order, or supervision or participation in religious ritual and worship.”

Cost of Government Day Finally Arrives on August 19, 2010

Every year, the Americans for Tax Reform Foundation and the Center for Fiscal Accountability calculate Cost of Government Day. This is the day on which the average American has earned enough gross income to pay off his or her share of the spending and regulatory burdens imposed by government on the federal, state, and local levels.

In 2010, Cost of Government Day falls on August 19. That means working people must toil 231 days out of the year just to meet all costs imposed by government. In other words, the cost of government consumes 63.41 percent of national income.

“Two years ago Americans worked until July 16 to pay for the cost of government: all federal, state and local government spending and regulatory costs. That government was too expensive and wasteful. Two years later, we work until August 19 for the same bloated government. We have lost an additional full month of our income to pay the cost of government in just the last two years,” said Grover Norquist, president of Americans for Tax Reform.

Key findings of the Cost of Government Day report include:

  • Cost of Government Day (COGD) falls 8 days later in 2010 than last year’s revised date of August 11.
  • Workers will have to labor 104 days just to pay for federal spending, which consumes 28.6 percent of national income.
  • Taxpayers will have to work 52 days just to pay for state and local government expenditures.
  • The average American worker must labor 74 days to cover the costs of government regulations. A breakdown of the COGD components can be found here.
  • The report also includes a state breakdown. The earliest Cost of Government Day occurs in Alaska, on July 28. Connecticut has the latest COGD, on September 17.
  • One of the contributing factors to increased spending is the growth in government payrolls. The federal workforce totaled 4.4 million employees this year, while the addition of state and local workers brings the total government workforce to 24.315 million employees.
  • The report also tracks taxpayer migration, showing taxes are a driving component behind interstate movement. In 2008, the ten states with no income tax gained over 80,000 new residents who brought with them over $900 million in net adjusted income. In contrast, the states with the highest tax burden lost 129,445 residents and $10.2 billion in wealth.

To read more, go to the Americans for Tax Reform webiste.