Orrin Hatch: “Before the Supreme Court, the administration made the remarkable claim that Federal law authorizes the Federal…”

“Before the Supreme Court, the administration made the remarkable claim that Federal law authorizes the Federal Government to involve itself in the hiring and firing of church ministers. Specifically, the administration said that Federal antidiscrimination laws override the First Amendment right of churches to select whomever they wish as ministers and instead allow the administration to actually sue a church if it believes a particular hiring or firing was improper. This radical position would allow the Federal Government to insert itself into some of the most important decisions churches make regarding religious doctrine and governance. Thankfully, the Supreme Court rejected the administration's position unanimously. Indeed, in a striking rebuke, the Court called the administration's claim that the First Amendment provides no more protection to a church in selecting its leader than it does to a ``labor union or a social club . . . remarkable.'' The fact that the administration felt comfortable making this argument, and apparently thought it was a correct argument, speaks volumes regarding this administration's dim view of religious liberty. More recently, the administration has signaled that the forced legalization of same-sex marriage will present religious schools and institutions with significant challenges in reconciling school standards with Federal antidiscrimination laws.…”