[net.motss] Christian Scientists, lesbian employee, court rules

sdyer@bbncc5.UUCP (Steve Dyer) (09/11/85)

> 	Justice Joseph Nolan, writing for the majority, found that the
> constitutional right of the Church to exercise its freedom of religion
> took precedence over Madsen's right to employment without discrimination.
> The opinion quoted an article form the COLUMBIA LAW REVIEW that claimed
> that "when an employee agress to do the work of the church he [sic] must
> be held to submit to church authority in much the same way as a member...
> The state may not intervene to protect employees from treatment that is
> merely arbitrary or unfair; the remedy for that is to resign or renego-
> tiate the terms of employment."

I was fairly appalled at the Court's ruling in this case, for it seems that
there is a clear distinction between "work of the church" and "work for the
church." This distinction is especially clear in the case of the Christian
Science Monitor, a large international daily newspaper.  "Work for the
church" is construed rather broadly, I guess.  I am also rather dismayed by
the rather meek response by Madsen and her lawyer, though it undoubtedly
was the end of a very tiring struggle.

> But the ruling may be used by other religions at a crucial moment, ie,
> now in the Roman Catholic Church in the US.  Karel Wojtyla, the Catholic
> pope, has just demanded that even Catholic institutions of higher educa-
> tion rigidly conform to doctrine in teaching and adminstration, a demand
> resented and opposed by many US bishops, who have never taken kindly to
> Vatican authoritarianism in education.  But the above court ruling may
> give the Vatican a new weapon with which to undercut American opposition
> by turning aside appeals to pluralism based on US law & the Constitution.

I doubt that this ruling on the Massachusetts law, as defined by its
Constitution, will have any effect whatsoever on the current situation with
the Vatican and Catholic colleges and universities.  The analogy simply
doesn't hold: the Monitor was an organ of the Christian Science Church,
which presumably could use whatever temporal clout it needed to get that
lesbian out of its offices; American Catholic colleges and universities are
PRIVATE institutions, organizationally separate from the local Catholic
dioceses.  Put simply, the Pope has no legal power to require doctrinal
orthodoxy to be taught in these schools; all he has is his (not
insignificant) position as a spiritual leader.  On the other hand, there is
a tradition more than a century old of the independence of American
Catholic schools from the Church organization, and anyone would be naive to
think that any member of these schools, lay or clergy, would be willing to
acquiesce to such old-country strong-arming.  I think the Pope is not so
naive as to ignore the squawks which have arisen from North America in just
the past few weeks: a leader has to know when not to press too hard on his
influence lest he find it weaken.  There is already precedent for similar
independence in women's religious orders who have boldly ignored Vatican
demands for the resignations of women who have publically supported
the right to abortion, pointing out that their orders are organizationally
distinct from the Church hierarchy.
-- 
/Steve Dyer
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