In USA Today an editorial was published questioning the first amendment, which guarantees that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The issue was with a Lutheran church school in Redford, Mich., that fired a disabled teacher on account for her actions, threatening to sue the church. It all started when Cheryl Perich fell ill with narcolepsy and missed a fall semester in 2004. After being on disability leave for several months the school grew concerned and notified her that if her absence lasted for more than six months, she will be fired. Even after getting clearance from her doctor to return back to work the principal still wouldn’t give up on the decision. Perich then warned the school she would follow a complaint under the Americans with Disabilities Act; the church responded with her termination, citing she violated a Lutheran tenet against appeal outside the church.
The editorial board for USA Today seemed not to favor this decision saying that because Perich was not only performing religious teachings but also secular level ones she deserved the same rights as secular level teachers. There reasons stem from that the government is not obliged to tell the church who can and cannot work there but at the same time those restrictions do not apply to secular employees working for the church—like a janitor or a teacher (where religious affiliation isn’t a requirement). Those rights given to secular employees, regardless if they work for a church are not, will be protected.
Yet, I happen to disagree with their reasoning. The first amendment clearly states separation between church and state, there is no in-between here. If Perich was deemed as a “commissioned minister” enjoying the substantial tax breaks that go with it, how can she also succumb to the rights of secular level ones? Yes, maybe some of her duties at school are labeled as secular but her other ones were of religious affiliation; giving the upper hand to the school. Because it is a religious school, where she teaches religious prayer and is considered a commissioned minister, they have all the right to terminate her under their will; a given right to the church clearly stated under our first amendment. In my opinion, you can’t have both sides of the cake; under the law, it is either one or the other.
Link to editorial:
Teacher tests separation of church and state
Link to editorial:
Teacher tests separation of church and state
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