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  Oral Argument in Hosanna-tabor Evangelical Lutheran V. Eeoc

U.S. Supreme Court
October 5, 2011

http://www.bishop-accountability.org/legal/Hosanna_Tabor_v_EEOC/2011_10_05_Oral_Argument_10_553.pdf

[page 5]

Justice Sotomayor: Counsel, most of the circuits have recognized a ministerial exception. But they've in one form or another created a pretext exception. The reason for that is the situation that troubles me. How about a teacher who reports sexual abuse to the government and is fired because of that reporting?

Now, we know from the news recently that there was a church whose religious beliefs centered around sexually exploiting women and I believe children. Regardless of whether it's a religious belief or not, doesn't society have a right at some point to say certain conduct is unacceptable, even if religious - smoking peyote? And once we say that's unacceptable, can and why shouldn't we protect the people who are doing what the law requires, i.e. reporting it?

So how do we deal with that situation under your theory? Under your theory, nothing survives if the individual is a minister, no claim, private claim.

 
 

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