Blog Archives for January 2012

More on Hosanna-Tabor

Advocatus Diaboli with Tom Flynn
January 13, 2012

The U. S. Supreme Court's curious decision in Hosanna-Tabor endorsing an amorphous ministerial exemption against Federal employment law leaves me conflicted. As a secularist, I regret any court finding or legislation that broadens religion's power vis-a-vis a secular polity. Still, as I understand the First Amendment and its unique religion clauses, the Supremes probably did the right thing -- though I wish the Justices had found a way to do it that seems less certain to catalyze a tsunami of new employment litigation.