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The Free Exercise Clause

Written by ap-government-fall-2011-5d

School: Central York High School
Class: AP Government Fall 2011
Grade: 12th

The ministerial exception to the Americans with Disabilities Act was implemented so that the rights of religious institutions were not violated per the First Amendment. I completely agree with the ministerial exception because our country was founded as a place where freedom of religion could be guaranteed, and this applies to all aspects of the church. By regulating who a religious institution can employ, it opens the door to other aspects of the church being regulated. The First Amendment does not specify what aspects are subject to regulations; it simply states, “Congress shall make no laws respecting an establishment of religion.” The US Supreme Court must therefore take this to mean that personnel decisions fit into this language. Assuming the US Supreme Court rules in favor of the Hosanna-Tabor Church, potential lawsuits include those coming from churches that were forced to keep disabled people on their staff. To maintain the integrity of separation of church and state, the ministerial exception should continue to be observed.


This post has been awarded the
Freedom of Religion Badge (50 points)