Sotomayor (pt IV)

Hankins vs Lyght
I like to call this one Old Dude vs Methodists. It's the case of a minister suing the church because they fired him. He had refused to take mandatory retirement at the age of 70- a church policy.

The district court dismissed the claim; on appeal, the Second Circuit reversed, holding that the Religious Freedom Restoration Act (RFRA), which - subject to certain exceptions - prohibits the government from substantially burdening the exercise of religion, had effectively amended the ADEA by providing a defense for ADEA violations.

http://www.scotusblog.com/wp/judge-sotomayors-appellate-opinions-in-civil-cases/


The crux of Sotomayor's dissenting opinion seems to be:
+ Both parties waived RFRA in letter briefs.
+ "The Court found RFRA's protections 'so out of proportion to a supposed remedial or preventive object that [the statute] cannot be understood as responsice to, or designed to prevent, unconstitutional behavior.'"
+ Even if RFRA wasn't waived, it doesn't apply to a dispute between two private parties. and "Two provisions of the statute implicitly limit its application to disputes in which the government is a party."
+ And that ADEA couldn't apply to a member of the clergy v the church because that is a matter of internal religious governance, and requires too much interaction between the state and the religion. She cites several cases making it clear that this is only the case due to the position of the person being forced to retire. In her own words "Here... the dispute is between a minister with primarily religious duties and a church that no longer wishes him to serve as pastor of a congregation." + Also "[M]y conclusion is substantially the same as that of other Circuits: courts may not adjudicate employment discrimination lawsuits brought by clergy members challenging a religious body's refusal to select or retain them as spiritual leaders."

If you've read all this and plan on listening to the confirmation hearings, do yourself a favor- as this one is almost sure to come up- learn about the Catholic Bishop rule.