Where Faith Abides, Employees Have Few Rights
I agree with lawyer Gregory T. Lodge when he states that “for the court ‘to even begin to inquire into that decision-making process, we believe, crosses the line set by the First Amendment.’” The decision-making process is that of a nun who has been dismissed by the Toledo diocese because she was diagnosed with breast cancer.
People’s rights are apparently being disregarded by the courts when religious entities are concerned in a case. “Religious employers have long been shielded from all complaints of religious discrimination by an exemption that was built into the Civil Rights Act of 1964 and expanded in 1972.” Discrimination can be a factor in employment and resignation afterwards, the article states. What I find surprising is that courts are allowing for these events to happen. Discrimination is against the fundamental rights provided in our first ten amendments. The First Amendment is perhaps the most widely-used right in the United States. If this right is being violated, the basis for our rights in the Constitution is being violated.
And discrimination in religious bodies, the primary focus of this article, is very significant in the lives of most people. Religion is one of the main factors in a person’s beliefs. Discrimination in one’s church, for example, can create discrimination in all people who are a part of that church. It is not right for a person to be fired because s/he is sick; s/he will need that job, especially the money and the sense of community, when s/he is sick.
The First Amendment states that there should be freedom of religion. But a freedom can only be protected if it does not infringe upon another’s freedom. By discrimination in the name of religion, religious entities are infringing upon the employees’ rights.
*Note: Originally written on October 8, 2006.
