Kagan Balks at Obama EEOC Claim of Authority over Churches
This column by ACRU Senior Legal Analyst Ken Klukowski was published October 11, 2011 on The Washington Examiner website.
President Obama’s Equal Employment Opportunity Commission claimed during oral arguments before the U.S. Supreme Court last week that it can order a church to restore a fired minister to a teaching position.
But that was a claim not even the president’s handpicked appointee, the very liberal Justice Elena Kagan, could accept as she and her colleagues considered Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC.
The Lutheran Church–Missouri Synod requires all permanent teachers in its church schools to be ordained ministers. One minister-teacher, Cheryl Perich, […]

