The Importance Of Discrimination In Society

2026 Words 9 Pages
Religious organizations have also relied on courts misinterpretations of a tolerant First Amendment to avoid discrimination claims. Discrimination is prohibited in the U.S., but an exemption exists for organizations of religious affiliations from facing claims relating to religious discrimination. These organizations are still subject to discrimination suits on other fronts such as sex, color, race, and national origin. Six circuit courts have held that the coverage of Title VII of the 1964 Civil Rights Act extends to cover employment discrimination that is unconnected to religious belief or doctrine. The third circuit has decided to challenge this precedent and in a 2-1 decision, the court reversed a crucial decision in the 2006 Petruska …show more content…
Since then out of eight cases mentioning the holding, one looks upon it positively. This decision would later place the Supreme Court in a dilemma of whether to prevent discrimination or to protect religion in the 2012 case, Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission. Petruska revolves around a ministerial exception to Title VII, which disallows women the ability to sue churches for sex discrimination whom do not ordinarily ordain women. The exception was created to protect the state from deciphering religious canon and invading church autonomy. The exception sounds simple, but it has blocked fair lawsuits against churches. This exception has not just blocked ministers and priests from bringing claims, but also many women members of the LGBTQ community, teachers, and faculty of religious private schools. These groups’ claims are dismissed because churches have the religious ability (“freedom”) to hire or terminate anyone regardless if it would be illegal to do so in …show more content…
The laws here in question were enacted contrary to these constitutional principles, and they are void”. Justice Kennedy stated these words in an opinion on religious organizations right to animal sacrifice. Oddly, the Court has failed to follow their own advice when it comes to disciplining violators of the principle of government funding and religion. Issues of funding religious institutions are nothing new in American history. In colonial Virginia a bill was proposed to fund churches because of the fear public morality was in decline. “Taxes to fund teachers of religion were laid on all citizens in certain states, each of whom was given the option of designating his share to the church of his choice. A list of the churches would be available in the local courthouse. Such laws took effect in Massachusetts, Connecticut, and New Hampshire and were passed but not implemented in Maryland and Georgia”. The churches receiving the tax money could spend it on such things as pastor salaries, or building new churches. These laws did

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