I've been waiting to see a diary on this, and am rather surprised that after this being in the news for at least hours, nothing has shown up.
In what is being described as an 'extension of the concept of separation of Church and State', the Supreme Court unanimously agreed that religious schools are EXEMPT from the requirements of the Americans with Disabilities Act for any staff that provides any religious instruction, and thus cannot be sued for firing a staff member who would be covered by the ADA at any other school or business.
From the Los Angeles Times
The justices tossed out a disability discrimination suit brought by a former Lutheran school teacher from Michigan. Cheryl Perich was a “called” teacher who taught religion as well as other classes and led her students in daily prayers. The same school had “lay” teachers who worked under contract and were not considered to be ministers of the faith.
Perich was diagnosed with narcolepsy in 2004, and after a dispute with school officials in which she threatened to sue, she was fired. She did indeed sue, alleging a violation of the Americans with Disabilities Act. The U.S. Equal Employment Opportunity Commission agreed she had a valid claim, and sued Hosanna-Tabor Evangelical Lutheran Church on her behalf.
Because Perich taught 45 minutes a day of religious instruction, she was covered by the 'ministerial exception'. According to Chief Justice Roberts : "The church must be free to choose those who will guide it on its way."
But Perich was not fired for unorthodoxy. She was not fired because she had veered in any way from teaching exactly as the Church desired, or for committing any acts that the Church considered sinful or immoral. She was not fired for being critical of any doctrine.
She was fired because she was diagnosed with the condition of narcolepsy.
This is not a case about the Church choosing who will 'guide' it's members - Ms Perich would not have 'guided' her class any differently than she had before her diagnosis, when she was 'acceptable' as a guide for her students. Who will they determine to be unacceptable next? People with red hair? Or black skin?
This may follow legally, but it is a truly disgusting action by the Lutheran Church, and a disappointing interpretation of the 'right to choose leaders.'
1:27 PM PT: Catte Nappe notes below (as did pico) that her termination actually came after she threatened to sue when the school hired on someone else to finish out her term, for 'insubordination' which makes this notably less disgust-inducing, and more petty. Still not a pretty picture, and the precedent set could still be very ugly for those working for churches. Waiting to see if Adam B comes back with any further comment on the scope of the ruling...
1:37 PM PT: Ok, go see Adam B's diary for the technical and legal reasoning behind the court's decision.