Monday, February 19, 2024

"Protecting Religious Freedom: The Battle for Autonomy in Faith-Based Institutions"

Since 1857, St. Joseph Catholic Church has been a part of the St. Johns, Michigan community, providing spiritual guidance and support to local Catholics. In 1924, the church expanded its services by establishing St. Joseph Catholic School, offering children in the area a Catholic education grounded in Church teachings. Essential to St. Joseph's mission is the employment of staff who align with and promote Catholic doctrine. As with many Catholic schools St. Joseph requires all staff members to be practicing Catholics and to uphold Catholic beliefs. Additionally, families who enroll their children at St. Joseph are expected to embrace and uphold the school's Catholic values and mission. In July 2022, the Michigan Supreme Court reinterpreted a state civil rights statute to include sexual orientation in its definition of sex, a decision that was later incorporated into state law by the Michigan legislature in March 2023. This change expanded civil rights protections to expressly prohibit discrimination based on sexual orientation or gender identity. However, both the Michigan Civil Rights Commission and members of the Michigan legislature opted not to include any religious accommodations, despite such accommodations being present in federal law and the laws of many other states. As a result, St. Joseph faces challenges in aligning its operations with the teachings of the Catholic Church regarding marriage and sexuality, which are deeply rooted in tradition. This presents obstacles to the school's ability to hire staff who can effectively transmit the Catholic faith to students and to operate in accordance with Catholic teachings. 

The statute that the Michigan Supreme Court reinterpreted is called the Elliott-Larsen Civil Rights Act (ELCRA). The church argues that the ELCRA violates several different rights that they believe they have. They believe it may limit their participation in public programs they currently benefit from, such as staff support initiatives. It could impede their ability to hire employees who align with Catholic teachings. It may restrict their freedom to uphold and express the church's beliefs, including those regarding marriage and gender. The First Amendment of the U.S. Constitution safeguards the autonomy of religious organizations, including churches and their schools, allowing them to operate according to their religious beliefs without government intervention. The U.S. Supreme Court has consistently upheld this principle, as demonstrated in cases like Our Lady of Guadalupe School v. Morrissey-Berru, where the Court affirmed the right of religious institutions to make internal management decisions independently. Michigan's revised definition of discrimination poses a potential challenge to St. Joseph's ability to establish and preserve a parish and school environment consistent with its Catholic faith. 

The Vice President and senior counsel for the Becket Law Firm, Lori Windham, who is representing St. Joseph's parish said, "They're not asking to invalidate the entire law, they're just asking to be able to continue with their own religious beliefs and practices." This claim is under the Equal Protection Clause that the government's refusal to provide religious accommodations for the parish constitutes unequal treatment and discriminates against religious organizations compared to secular entities. 

The question involving this case is does Michigan’s redefinition of the Elliott-Larsen Civil Rights Act (ELCRA) threaten St. Joseph’s right to create and maintain a parish and school environment that reflects its Catholic faith?

After carefully considering the facts in this case I believe ELCRA does threaten the Catholic schools right to maintain a school environment that reflects its Catholic faith. This act infringes upon the free exercise clause that it’s the parish's constitutional right to freely exercise its religious beliefs and operate its institutions accordingly. The law seems neutral at face value but when it is used in practice it entangles itself in religious matters by enforcing laws that interfere with the internal affairs and religious mission of the Catholic parish. I also would like to point out the case that I mentioned earlier. The recent case of Guadalupe School v. Morrissey-Berru this was a similar case where the court ruled that religious institutions have the right to make their own internal decisions without interference. Based on these three reasons I agree with the prosecutors. 


Sources: 

https://www.becketlaw.org/case/st-josephs/ 

https://clearinghouse.net/case/43913/ 

https://www.lansingstatejournal.com/story/news/local/2022/12/06/st-johns-church-files-federal-civil-rights-complaint-against-nessel-mdcr/69705400007/

3 comments:

Devin M said...

I agree with the author. It seems like the new Elliot-Larsen Civil Rights Act poses a threat to the Catholic Church's ability to maintain a school environment that reflects the Catholic faith. The right of the school to freely exercise their religious beliefs is at stake. I believe that the school should be permitted to exercise its religion as long as it does not extend beyond the walls of the school and become discriminatory beyond the school.

Danielle O'Sullivan said...

Aidan,

Your analysis of the situation regarding St. Joseph Catholic School's challenge with Michigan's redefinition of the Elliott-Larsen Civil Rights Act (ELCRA) is well-argued. Thanks for sharing! The essence of religious freedom lies not only in the freedom to worship but also in the ability to operate institutions per religious beliefs. The lack of religious accommodations in the revised law poses a direct threat to the autonomy of religious organizations like St. Joseph's parish and school. Your reference to the precedent set by Our Lady of Guadalupe School v. Morrissey-Berru demonstrates the importance of allowing religious institutions to make internal decisions without undue government interference. It is crucial, in my opinion, to uphold the principle of free exercise of religion, ensuring that institutions like St. Joseph can maintain environments consistent with their faith while respecting the rights of all individuals!

Christian Samay said...

Hi Aidan,

Great post! I really enjoyed learning about the The Supreme Court of Michigan's reinterpretation of ELCRA. I believe that this reinterpretation is overarching and unconstitutional. The fundamental goal of the the Establishment Clause of the First Amendment is to preserve religious freedom. While our Founders were in favor of a "Wall of Separation," they drafted the Establishment Clause to safeguard private religious institutions from an overreaching central power.