Supreme Court Rules That Clergy Are Not Protected by Anti-Discrimination Laws
by Trent Gilliss, senior editor
Look no further than Nina Totenberg for an incisive report on the U.S. Supreme Court’s ruling on the Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, which was handed down yesterday. With this unanimous decision, the Supreme Court says that religious groups and churches have “ministerial exception” to employment discrimination laws. In other words, ministers can be sacked (or hired) without being subject to civil rights laws.
But who is a minister then? What are the criteria that might shield churches or other religious institutions from anti-discrimination laws when it comes to clergy? These questions and many others remain unaddressed as Totenberg points out:
"Still to be determined is how all this plays out in practice. Will the ruling allow religious organizations to fire a "ministerial" employee for reporting sexual abuse to the police, or for reporting health and safety violations at a church or school to civil authorities? It would appear the answer to that question is "yes" — though Roberts pointed out that churches can still be held criminally liable. Unanswered, though, is whether a fired employee can sue for breach of contract or some other wrong."
Sex, Death, and Secrets: A Reporter’s Notebook
by Sasha Aslanian, guest contributor
On January 1, 1990, Jeff Johnson, a gay man and pastor of First United Lutheran Church, and Ruth Frost and Phyllis Zillhart, lesbian pastors of St. Francis Lutheran Church are ordained in San Francisco. Both churches were suspended in 1990 and expelled by the ELCA in 1996. (photo courtesy of Extraordinary Lutheran Ministries)
My old English prof used to say “The Victorians were obsessed with death. We’re obsessed with sex.” I made an unexpected discovery on a recent assignment: sex and death have something in common: secrets.
In August of 2009, the Evangelical Lutheran Church in America (ELCA) voted to allow gays and lesbians in committed relationships to serve as pastors. As a reporter for MPR News, my assignment was to follow up a year later on the impact of the vote. I stumbled into a news story: the church was in the process of reconciling with partnered gays and lesbians who had previously been unwelcome. In July of this year, the ELCA added seven people back to its roster in San Francisco. Then, this September, they did the same with three women in Minnesota.
Two of the Minnesota women, Ruth Frost and Phyllis Zillhart, were the first lesbian couple to be ordained without the blessing of the ELCA in San Francisco in 1990. They invited me to their home for an interview.
For the next 70 minutes, their story spilled out, spanning a sweeping slice of a social revolution moving rapidly through in our times. They told of coming out, falling in love, losing jobs then gaining them, and feeling God work through them during the AIDS crisis and hospice chaplaincy. Their story transcends Lutheranism. It’s personal, yet tethered to movements on both coasts, inside churches, seminaries, universities, courthouses, and workplaces.
"When you’re a change agent," said Frost, "you act where you are. Some people do in the secular arena: political activists, social activists. Our arena was the church. I’m third-generation Lutheran clergy."
For me, the unexpected part of their story was how they connected their work in hospice with the battle for inclusion in the Church. Zillhart and Frost began their ministry in San Francisco just as AIDS was ravaging the city. As they plunged in to help the men, their partners, and their families prepare for death, the two women saw opportunities for forgiveness, reconciliation, respect, acceptance, and love.
The “tape” at the top of this post is my favorite, but I had to leave it out of the final radio version. My news piece needed to cover the ordination, expulsion, and eventual embrace — already a tall order — and I wasn’t sure my editor would let me wander into end-of-life stuff at all. Thankfully she did, and it gave the story more depth. I think it also showed what Frost and Zillhart have been striving to show all along: there’s more that unites people than divides them. We all have secrets. Death is a universal unburdening of secrets.
Sexual orientation can be just one of them.
"There isn’t a family that doesn’t have a secret that they yearn to share and talk about the hurts and hopes we all have," said Zillhart. "Our difference is more obvious, more politically charged, people do a lot of fund-raising around how scary we seem — that feels electrifying — but the differences we have are all among us. The commonalities are so much deeper."
Frost adds with a note of amused exasperation, “I would love to get past being an issue in the church as a lesbian. I’ve been a professional Lutheran lesbian all my life. It’s time to be meeting one another in deeper ways than that affords.”
Frost and Zillhart show just where that depth can take us.
Unedited Interview with Frost and Zillhart (mp3, 71:00)
This interview is what I call “a spigot interview” — the story spilled forth with very little coaxing. Their narrative connects their individual lives to a larger canvas of social and religious history.
Sasha Aslanian is a reporter for MPR News and creator of MPR News’ Youth Radio Series. From 2000 to 2008, she produced documentaries for American RadioWorks, the national documentary unit of American Public Media. Aslanian has won awards named for famous news men: Edward R. Murrow, Lowell Thomas, Heywood Broun and Eric Sevareid. She is a graduate of Grinnell College.
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