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koolkat



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PostSubject: Re: SCOTUS......   Sat Jul 05, 2014 6:29 pm

I know-I attended Catholic schools myself but they are losing in court. Here is a recent case in which it was upheld that an employer agreement that supersedes federal law is unlawful.

"n that case, the jury was instructed that even if an employee signed an employment contract containing a morality clause, that does not exempt that person’s employment from the protections of federal and state anti-discrimination laws. The jury was told that an employee cannot waive his rights to be free from unlawful discrimination.

Butler said that case made clear that an employer, even if it is a religious institution, cannot require an employee to sign a contract giving up certain civil rights, which includes the right of a woman to bear children."

http://missoulian.com/news/state-and-regional/butte-catholic-teacher-fired-for-unwed-pregnancy-has-baby-boy/article_3f5b302e-b4ea-11e3-87ec-001a4bcf887a.html
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Eric

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PostSubject: Re: SCOTUS......   Sun Jul 06, 2014 9:48 pm

koolkat wrote:
I know-I attended Catholic schools myself but they are losing in court. Here is a recent case in which it was upheld that an employer agreement that supersedes federal law is unlawful.

"n that case, the jury was instructed that even if an employee signed an employment contract containing a morality clause, that does not exempt that person’s employment from the protections of federal and state anti-discrimination laws. The jury was told that an employee cannot waive his rights to be free from unlawful discrimination.

Butler said that case made clear that an employer, even if it is a religious institution, cannot require an employee to sign a contract giving up certain civil rights, which includes the right of a woman to bear children."

http://missoulian.com/news/state-and-regional/butte-catholic-teacher-fired-for-unwed-pregnancy-has-baby-boy/article_3f5b302e-b4ea-11e3-87ec-001a4bcf887a.html

Another case with artificial insemination.  I wouldn't say they are losing in court.  I would say that they lost one case in court.  I would think that artificial insemination is probably hard to prove in court as violating a morality clause. I assume it was artificial insemination because the teacher was a lesbian.  I wonder if THAT had  something to do with it (Lesbian).  

There wasn't a verdict yet, so THIS case could go either way.  The good thing for the mother is that they are using the same lawyer that was successful in the Ohio case.  I wouldn't count the chickens before the egg hatches, though.

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koolkat



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PostSubject: Re: SCOTUS......   Sun Jul 06, 2014 10:59 pm

I don't think it matters if it was artificial insemination or not. The jury instructions were given stating a person cannot waive their rights to be free from unlawful discrimination even in a religious institution.
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Eric

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PostSubject: Re: SCOTUS......   Mon Jul 07, 2014 3:42 pm

koolkat wrote:
I don't think it matters if it was artificial insemination or not. The jury instructions were given stating a person cannot waive their rights to be free from unlawful discrimination even in a religious institution.

You READ the jury instructions? Can I do it too? Please give us a link.


On a separate note, I see a Federal judge is telling the SCOTUS to STFU... (not a nice term). Here's the link to THAT story... Warning! Nasty language.

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koolkat



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PostSubject: Re: SCOTUS......   Mon Jul 07, 2014 6:30 pm

The statement about the jury instructions is in the article.
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Eric

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PostSubject: Re: SCOTUS......   Tue Jul 08, 2014 11:46 pm

Here is an interesting twist... The "ministerial exception" to religious schools. Essentially, any teacher who teaches some religion or ministers at a religious school is exempt from discrimination laws.

Supreme Court decision in 2012. http://chronicle.com/article/Supreme-Court-Recognizes-a/130291/

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PostSubject: Re: SCOTUS......   Wed Jul 09, 2014 12:09 am

koolkat wrote:
The statement about the jury instructions is in the article.

The jury instructions were not for the latest case that the Missoulian article is about. The instructions were given to the jury in the Ohio case... the only case I can find where Christian schools lost in court.

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PostSubject: Re: SCOTUS......   Wed Jul 09, 2014 6:04 am

Eric wrote:
koolkat wrote:
I don't think it matters if it was artificial insemination or not. The jury instructions were given stating a person cannot waive their rights to be free from unlawful discrimination even in a religious institution.

You READ the jury instructions?  Can I do it too?  Please give us a link.



On a separate note, I see a Federal judge is telling the SCOTUS to STFU... (not a nice term).  Here's the link to THAT story... Warning!  Nasty language.

Is it a smart career move for a judge to tell the SCOTUS to stfu?....Usually when courts rule or reverse there's some civility extended...guess that too has changed...
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PostSubject: Re: SCOTUS......   Wed Jul 09, 2014 9:32 am

How many times did Christian schools win is the question.
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Eric

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PostSubject: Re: SCOTUS......   Wed Jul 09, 2014 9:43 am

dreamsglore wrote:
How many times did Christian schools win is the question.

That's a good question.

And how many were settled out of court... with gag orders to prevent the news from getting out?

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