[blindlaw] Re the ADA in churches

[RJ Sandefur]

So the discision says, that church's arn't bound by the ADA? RJ
----- Original Message ----- 
From: "Elizabeth Rene" <emrene at earthlink.net>
To: <blindlaw at nfbnet.org>
Sent: Thursday, September 06, 2012 2:08 AM
Subject: [blindlaw] Re the ADA in churches


> It seems to me that the conferral or receipt of any federal benefit, e.g. 
> funding for breakfasts or for faith-based schools, a federal license to 
> accredit training centers for hospital chaplains and to certify clinical 
> pastoral educators, or a federal contract, say, with a faith-based 
> organization to provide low-income housing or homeless shelter, could be 
> conditioned upon adherence to the ADA.  But the ministerial exception, 
> which applies to ordained or commissioned ministers, is based on the 
> Constitution itself, and upon First Amendment principles fundamental to 
> who we are as a country.  So the ADA might protect some church members, 
> but not all.
>
> A person's relation to the church can determine whether he or she can rely 
> upon the law's protection against discrimination.  And ironically, whether 
> one is an American or the national of some other country that doesn't 
> insist upon a separation between church and state.  It's that whole 
> tapestry thing I wrote about earlier.  What happens in churches is not a 
> cut-and-dried question.
>
> But it's such an important one.  From childhood, our first ideas about 
> justice, fairness, community, personhood, and the meaning and purpose of 
> life itself  are formed in our faith communities.  Those ideas follow us 
> into adulthood, and we bring them into positions of leadership.  The Civil 
> Rights movement took root in churches.  And our country's leaders were 
> spiritually formed in their churches.
>
> Regardless of belief or non-belief, the cultural impact of faith 
> communities is enormous.
>
> And a lot of the most damaging ideas and mixed messages about blindness 
> and disability have evolved in churches.
>
> While several denominations may have adopted ADA-like principles for their 
> own governance, these same groups may be the first to litigate against ADA 
> enforcement by the courts, and to punish clergy and lay ministers who seek 
> judicial review rather than relying on internal processes to confront 
> discrimination.  The Supreme Court's decision in Hosanna-Tabor--a 
> unanimous decision--seems to hold that such punishment is not unlawful.
>
> I'm going to quit now, hoping that I've not exhausted everyone's patience.
>
> But I hope this question gets more play.  It's a big one.
>
> Thanks,
>
> Elizabeth
>
>
>
>
>
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