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June 19, 2013
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AP Demotes Unanimity of Supremes' Decision on Religious Workers' Rights in Subsequent Revisions

By Tom Blumer | January 11, 2012 | 18:34

A  A
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We can forgive Pittsburgh Steelers for avoiding the mention of the name of a certain quarterback who plays for the Denver Broncos in the coming days.

Related forgiveness does not extend to Jesse J. Holland at the Associated Press concerning his coverage of the Supreme Court's u-u-u-unanimous ruling today that religious workers cannot sue for job discrimination. As seen here at a Weekly Standard excerpt, the unanimity of the ruling was in the first sentence of the wire service's initial report. Now look how deep it's buried in the 4:10 p.m. version of Holland's report, and how the AP writer attempted to water down the ruling's significance in the interim (bolds are mine):

Story Continues Below Ad ↓

High court keeps judges out of church job disputes

Religious workers can't sue for job discrimination, the Supreme Court ruled Wednesday, saying for the first time that churches - not courts - are the best judges of whether clergy and other religious employees should be fired or hired.

But the high court tempered its decision bolstering the constitutional separation of church and state by refusing to give a detailed description of what constitutes a religious employee, which left an untold number of workers at churches, synagogues and other religious organizations still in limbo over whether government antidiscrimination laws protect them in job bias disputes.

It was, nevertheless, the first time the high court has acknowledged the existence of a so-called "ministerial exception" to anti-discrimination laws - a doctrine developed in lower court rulings. This doctrine says the First Amendment's guarantee of freedom of religion shields churches and their operations from the reach of such protective laws when the issue involves religious employees of these institutions.

"The interest of society in the enforcement of employment discrimination statutes is undoubtedly important," Chief Justice John Roberts said in a unanimous opinion. "But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith and carry out their mission."

Douglass Laycock, who argued the case for a church school that fired a teacher for bringing about an employment discrimination lawsuit against it, called it a "huge win for religious liberty."

"The court has unanimously confirmed the right of churches to select their own ministers and religious leaders," he said.

It's hard not to believe that the demotion of the decision's unanimous nature reflects a bit of disappointment at the AP that the Court's leftist judges all went along.

Readers have surely read plenty of news stories about Supreme Court rulings which have begun with the words, "In a unanimous decision ..." Why not this one, Jesse? If Steelers fans can get over Tim Tebow -- and they will -- surely you can get over the unfortunate (for you) fact that Supremes' got it unanimously right for once.

The transparent strategy here is to keep the decision's unanimity out of the headline and earliest paragraph to ensure that many news readers, as well as most listeners and TV viewers at subscribing AP outlets, will never know that it was indeed unanimous.

Cross-posted at BizzyBlog.com.

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Comments

When I saw this I kind of

Submitted by ricklail on Wed, 01/11/2012 - 6:58pm.

When I saw this I kind of scrathed my head. Did this also apply to queers trying to get jobs in churches? My understanding was it bolstered the 1st Amendment.

Does this ruling give us any hope that the Court will strike down Obamacare.

A well regulated militia being necessary to a free state, the right of the people to keep and bear arms shall not be infringed.
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Truth be told...

Submitted by Ashrak on Wed, 01/11/2012 - 7:20pm.

The overwhelming vast majority of Supreme Court decisions should be clear, concise and unanimous.
After all, when it comes down to it, there isn't a split opinion to be had if the Constitution and the Declaration of Independence upon which it rests, along with their clear wording, are what is employed as the standard of judgement.

Churches are private property. Thus, owners of the particular church are empowered to hire and fire as their pursuit of happiness will decide and the employee's recourse regarding decisions they disagree with is to seek out employment elsewhere.

To be sure, this is something we are all supposed to respect and defend, so that when it comes to our own property, our choice remains just the same.

It is right and proper that this comes out 9 to zero. If simple Constitutional Fist Principles are put forth, the only way to dissent is to oppose, to be at war with both the Constitution and the Declaration themselves.

If the Judiciary wasn't trying to act, unilaterally, like a Legislature, or if the actual Legislature took the Judiciary to task for its overstepping, we would see a great increase in the number of 9 to zero judgements.

Instead, we are arbitrarily ruled over by 9 robed kings, who make law, delete law and even go so far as to amend the Constitution at their own unaccountable whim.

Sad it is that they do so.
Sadder it is that the legislatures enable it.
Saddest yet is that We The People allow it to continue.

That an individual right exists requires that some policy positions be removed from the table of debate.
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Aimed at the Catholic Church

Submitted by neripowell on Wed, 01/11/2012 - 8:40pm.

Catholic Progs have been drooling over this lawsuit, hoping that a SupCrt victory for B.O.'s EEOC would eventually force the Church to ordain women as priests or face discrimination lawsuits. Thank You, Lord, the SC didn't buy it. If you think the lefties won't use discrimination law to try and force the hand of the Church, check out what's happening in England. MP's are calling for charges to be brought against any church that refuses to perform same-sex "marriages." The RCC was mentioned explicitly as a potential target for this bit of fascism. I wonder if these brave MP's will go after the mosques?

Fr. Philip, OP
http://www.hancaquam.blogspot.com

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