2012年2月1日

SF part one

An article about the religion clause, ministerial exception, the free exercise clause (the right of a religion to be governed by its own tenets would be curtailed) and the establishment clause (the state would in effect have taken over the management of the church by dictating its hiring practices), and Title VII of the Civil Rights Act of 1964. 


http://opinionator.blogs.nytimes.com/2011/10/17/is-religion-above-the-law/


I like this part in particular
"This clear-cut example — to which both sides in Hosanna-Tabor v. EEOC refer frequently — may be the only one (and it is only clear-cut because it has behind it 2,000 years of history). For the question quickly becomes one of boundaries — how far does the ministerial exception extend? To whom does it apply? Not only are there no answers to such questions, it is not obvious who is empowered to ask them."

In the end, it will be like:
"But that is simply to relocate the problem in a phrase that itself demands explication". 
Again, we are back to the starting point.

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