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In the latest battle between church and state, a church's right to choose whom it employs is running headlong into the state's authority to protect workers from alleged age discrimination.Two Wisconsin courts have ruled that private schools operated by the Coulee Catholic diocese are not protected, under "ministerial exemption," against age discrimination claims by a former employee.But Attorney Mike Johnson with the Alliance Defense Fund (ADF) hopes the schools will appeal the ruling."Their legal argument is that the state really doesn't have any jurisdiction over Catholic schoolteachers who carry out the mission of the church," Johnson points out. "And that's what they're saying should apply here."However, state courts ruled that Wendy Ostlund was not a minister and, therefore, could sue for alleged age discrimination."The teacher's duties included teaching religion, leading students in prayer; she planned liturgies, "argues Johnson."All of these things were part of her responsibilities in that position, and so, that's why it seems rather obvious that the ministerial exemption should apply here,"he explains.The ADF attorney believes the case is important because of the precedent it could set against religious autonomy. "When it comes to matters of faith and church governance," says Johnson, "then it's up to the church to be able to make those decisions." Johnson warns that there is concern over a "growing encroachment on church autonomy, where the government is trying to meddle in the affairs of faith communities and organized religions." The diocese's attorney reported to local media that he would probably recommend an appeal to the Wisconsin Supreme Court.As in the days of Noah...
