[blindlaw] The ADA in churches

[Elizabeth Rene]

Dear RJ and list,

I can answer this question, because I lived the reality of its impact for 
more than a decade, and, unlike most candidates for ordained ministry, had a 
legal lens through which to monitor the process.

The ADA does not apply to churches and church discipline, though many 
religious groups adopt the ADA's principles, in spirit, in relation to their 
parishioners and guests.

A January 2012 unanimous decision of the United States Supreme Court, 
Hosanna-Tabor Evangelical Lutheran Church & School V. Equal Employment 
Opportunity Commission et al, (I'll get the cite later) upheld the 
"ministerial exception" to the ADA on First Amendment Free Exercise and 
Establishment Clause grounds to bar "ministers" from suing their churches 
for employment discrimination.  There's INTERESTING commentary on the 
decision at SCOTUSBLOG.com.

The "ministerial exception" originated with the Civil Rights Act of 1964, 
and was incorporated by reference into the ADA by the courts.  A long time 
ago, before I left for seminary, I reviewed the Congressional Record for 
debates on the ADA and found that several church denominations, including 
mine, lobbied for omission from ADA coverage.

Several US Circuit Courts have ruled on this issue, with plaintiff 
allegations ranging from sexual harassment to discrimination in clinical 
pastoral education, and all but one have held for the churches.  Some have 
held that the courts have no jurisdiction at all; others, like the Ninth 
Circuit, have ruled that churches must raise their jurisdictional issue as 
an affirmative defense (whereupon the court could determine whether the 
specific facts--in this case an allegation of sexual harassment--warranted 
judicial review.

Justice Roberts, for the Supreme Court, wrote that his decision should be 
construed narrowly, and that several issues remained to be resolved.  The 
legal questions here form a fascinating and intricately woven tapestry that 
we of the NFB should closely examine and shake out together.  I can tell you 
that the ministerial exception can have a broad impact upon one's personal 
life, and upon the spiritual life of any faith's congregations.

But don't lose heart, RJ.  As I understand things, as a Southern Baptist, 
you can evangelize one congregation at a time, because of your church's form 
of governance, and aren't tied to a bishop or diocese.  One congregation 
might discriminate against you, another might embrace you for the very same 
reasons.  In this case, you might happily and successfully follow the advice 
given centuries ago to some of the first pastors out there:  If one town 
doesn't want you, shake its dust from your feet and move on.  Someone else 
will.

There are blind clergy, who have fulfilling lives and are ministering 
effectively.  But not without sacrifice.

Elizabeth