WI SC rules that religious schools may discriminate against employees

[AllyCat]

Teachers and "lay employees" are not considered protected by the Fair Employment Act. Here, religious freedom trumps fairness to everyone else.

http://www.wkowtv.com/global/story.asp?s=10761467

[Sabien]

1. revoke their tax exempt status

simple...

If they aren't responsible for complying with fair employment protections - then they don't deserve our subsidization!

[Dinger]

2. Was It A "partyline" Vote?

No surprises?

[dragonlady]

5. Abrahamson, Bradley, and Crooks dissenting

Justice Crooks wrote the dissenting opinion, in which he said the majority "improvidently alters the primary duties test that Wisconsin courts and a significant majority of other jurisdictions have applied when confronted with the question of whether to apply the ecclesiastical exception." He quotes an earlier case that applied the exception when "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 or worship." The majority bought the line that the church infuses religion into everything in the school thus should get a free pass to count everything they do under freedom of religion. He also says this decision "threatens...the continued viability of the Milwaukee school choice program."

By the way, Gableman wrote the majority opinion.

Edit to add, full opinion is here:
http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=38088

[Dinger]

3. Can This Go To A Higher Court?

It could be interesting.

[AllyCat]

4. suppose this could only go to the SCOTUS at this point.

I agree, revoke their tax exempt status.

[hornblast]

6. Another place to cross of my list of potential employers

Assuming that it stands up, that they ever want more social studies teachers, and that I bothered to try that.

[Connonym]

7. You would not believe the epic length application my sister received from a religious school

It was grossly intrusive, they wanted her views on abortion, premarital sex, divorce, homosexuality. They wanted a reference from her current pastor. They wanted her to provide "witness to her faith" (whatever the hell that means). The damned thing was about 30 pages long. Needless to say she isn't going to be filling that application out. It did provide us with a simultaneous urge to laugh and vomit. We boggled how it could be considered legal but :sarcasm: I guess our judges are better deciders of that.

[sybylla]

8. Same shit, different century. nt.