WI court: no “ministerial exception” for Catholic School in teacher discrimination suit



The LaCross Tribune report indicates:

James Birnbaum, a La Crosse lawyer representing the schools, said the decision would allow courts and administrative agencies to infringe on the Catholic church’s freedom of religion.

“The court is somehow saying they have a right to tell the Catholic church who should teach and who should be its ministers,” he said. “I can’t imagine a more intrusive action.” . . .

The diocese said the state has no jurisdiction over Catholic school teachers who carry out the pastoral mission of the church and incorporate Catholic values into their teachings.

The court disagreed, saying Ostlund’s primary duties did not involve matters of faith. She taught religion, led students in prayer and planned liturgies but her main responsibilities included teaching secular subjects, the court said . . .

The Religion Clause Blog summarizes and links to the opinion: Coulee Catholic Schools v. Labor and Industry Review Commission, (WI Ct. App., April 17, 2008).



3 Comments

  1. Bev Andrus
    Posted April 18, 2008 at 4:12 pm | Permalink

    I don’t understand how the courts or any secular organization can have jurisdiction over any church school unless that school receives state or federal funding.

  2. Randy Hayes
    Posted April 18, 2008 at 5:18 pm | Permalink

    I think that it is high time the courts learn the difference between Church and state. This is a school owned and run by the Church (I believe) and the state has no right to dictate to them.

  3. Martha Harkey
    Posted April 19, 2008 at 8:17 am | Permalink

    fight the court. we’re contributing to you.

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