"A government big enough to give you everything you want is strong enough to take away everything you have."

Thursday, January 12, 2012

Victory for Religious Liberty

I was encouraged to read about the recent Supreme Court decision Hosanna-Tabor Church v. EEOC. The high court ruled unanimously that the government does not have the right under the First Amendment to interfere in the choices of churches, synagogues, and other religious organizations to hire or fire their own ministers, teachers, and other religious leaders. If the court had ruled otherwise, religious liberty would be in grave jeopardy. In the majority opinion, Chief Justice John Roberts wrote that “it is impermissible for the government to contradict a church’s determination of who can act as its ministers.”

Sadly, the Obama Administration argued vigorously against religious liberty in this case -- and was soundly beaten. This is yet another example of how out of touch Obama and his Justice Department are when it comes to our Constitutional freedoms.

You can read more about this decision on National Review Online's legal blog here and here. One of those links includes the following great quote on the First Amendment:

Church-state separation is often misunderstood and seen as an anti-religious program, or as requiring that “religion” stay out of politics or public life. But this is not the point of church-state separation at all. The idea is to constrain government regulation, not religious expression and practice. Separation is an arrangement that protects religious authorities, institutions, and communities from unjustified interference by governments.

Indeed, the phrase "separation of church and state" is not even in the Constitution. Instead, the Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." It seems clear to me, both from the wording used and from what we know about the Founders, that the purpose of this clause was to encourage and protect religious practice and expression, not to stifle it. Today, some seem to think its purpose is to keep religious people from holding office or expressing their views in public.

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