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An Unusual Perspective in the Clash of Rights—Thomas Berg’s “Progressive Arguments for Religious Organizational Freedom: Reflections on the HHS Mandate”

Thomas Berg has written an interesting article suggesting that progressives should improve their commitment to religious liberty for traditionalists. Progressives understand, forinstance, that the recent HHS contraceptive mandate impinges on religious liberty. But, as they will tell you, they just don’t care when the issue is one that is important to them, such as access to reproductive choice or gay rights.

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Passing on the Pastor: Sexual Abuse and Public Statements About Ministerial Qualifications

passing the pastorIf a religious organization believes that a minister or other employee has engaged in inappropriate sexual behavior, what responsibility does it have to notify others? How does child sexual abuse change the rules for normal termination procedure? Those who become victims of that person insist it is the organization’s duty to share that information. Employees who have been terminated for such behavior say sharing such information is a breach of confidence amounting to defamation. 

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You Gave the Church Away?

You hate to see a case with a caption like God’s Hope Builders, Inc. v. Mount Zion Baptist Church, since it seems unlikely the lawsuit is what God would have hoped for. The Georgia Court of Appeals, on March 28, 2013, remanded this case with orders to the trial court to figure out, if it legitimately could, who the church members actually were.

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Do I Have to Work on Sundays?

Some jobs require a person to work on the Sabbath. Does the law require you to work on your Sabbath, or does your employer have to accommodate your religious beliefs and let you go to church (or mosque or synagogue or temple)? As attorneys love to say, that depends. Two recent cases in late 2012 give some idea of how employers’ and employees’ rights are balanced in the context of time off for worship. Both cases are based on Title VII, which prohibits employers from discriminating based on religion (and includes all aspects of religious observance and practice)—unless the employer can demonstrate that it cannot reasonably accommodate the religious observance without undue hardship.

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