1) It's hard to see how the Court's decision has "thrown
[laws] into limbo." The Court took pretty much the same view taken for years
by many lower courts; whatever doubt the Court's decision casts on these laws
had already been cast on them by lower court decisions.
2) I don't think the Court's decision about the scope of the
First Amendment rights of churches to dismiss "ministerial employees" would
necessarily affect the interpretation of statutory terms. New York courts are
free to continue interpreting "clergy providing ministerial services" as they
please, subject only to the requirement - which long predates Hosanna-Tabor -
that courts may not unduly entangle themselves in religious decisions.
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Samuel Krieger
Sent: Thursday, January 12, 2012 4:35 PM
To: 'Law & Religion issues for Law Academics'
Subject: RE: Supreme Court sides with church on decision to fire employee on
religious grounds
A whole host of laws are now thrown into limbo as a result of the decision -
For example NY Workers Compensation Law exempts the following from the
mandatory coverage provisions-
The applicant is a nonprofit (under IRS rules) with NO compensated individuals
providing services except for
clergy; or is a religious, charitable or educational nonprofit (Section
501(c)(3) under the IRS tax code) with no
compensated individuals providing services except for clergy providing
ministerial services; and persons performing
teaching or nonmanual labor.
Quare - After the decision, has the definition of clergy been expanded .
SAMUEL M. KRIEGER
Krieger & Prager LLP
skrie...@kplawfirm.com<mailto:skrie...@kplawfirm.com>
Tel: (212) 363-2900
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