Opinion : Pastor\'s Blog - Samuel, Nathaniel, and the US Supreme Court

The Supreme Court of the United States on January 11, 2011, unanimously decided in favor of Hosannah-Tabor Evangelical Lutheran Church, a congregation in the Lutheran Church-Missouri Synod, in a suit brought against the congregation over the firing of a teacher in its parochial school. The suit was brought by the teacher under the Americans with Disabilities Act and was supported by the Equal Employment Opportunity Commission (EEOC).

It seems the decision hinged on that the teacher was classified as “called” and was titled a “Minister of Religion, Commissioned.” The Supreme Court found in the 1st Amendment a right of a religious organization to choose its own ministers or religious leaders without outside interference. The Justice Department had argued before the court that churches should be subject to the same rules that apply to businesses and other organizations and are essentially social clubs. A different ruling might have meant that churches could not discriminate in choosing its ministers even on the grounds of religious belief. This apparently would have pleased the EEOC.

The decision written by Chief Justice Roberts included what “The Wall Street Journal” termed a “rebuke” of this absurd stance:

The EEOC and Perich contend that religious organizations can defend against employment discrimination claims by invoking their First Amendment right to freedom of association. They thus see no need—and no basis—for a special rule for ministers grounded in the Religion Clauses themselves. Their position, however, is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations. The Court cannot accept the remarkable view that the Religion Clauses have nothing to say about a religious organization’s freedom to select its own ministers.

The decision upholding the so called “ministerial exception” is being hailed as a huge victory for religious freedom. But with freedom comes responsibility and here it falls squarely on the church to choose its ministers. It must do so with care.

The Bible is filled with the stories of persons called to serve God. Most are reluctant servants. Some (like Jonah) go out of their way to avoid doing what God is asking of them. Two call stories set side by side in the Revised Common Lectionary are enlightening for the church: the call of Samuel to be prophet, and the call of Nathaniel to be a disciple of Jesus.

Samuel was raised from a young age in the house of the priest, Eli. While still a boy he heard his name being called in the night. He assumed it was Eli calling, but it was not. When it was repeated, Eli wisely advised Samuel to consider that it might be God calling.

Nathaniel was invited to meet Jesus by Philip, who believed Jesus was the Messiah. Without Phillip’s urging, Nathaniel would have had little interest in Jesus (“can anything good come out of Nazareth?”).

These call stories help us see that, while all people are called to serve the Lord in their daily lives, some are called to particular ministry. They also help us to understand essential elements of the call that explain the reason for the “ministerial exception” and the internal safeguards that must protect the faithful from exploitation.

The court rightly sees ministers as employees of the church and subject only to the church. But these stories of faith show that the office of ministry is divinely ordered to which persons are called by God. The church understands that it did not invent and does not own the office of ministry. The court allows churches to view ministers as different from other employees. At the same time, individuals who feel called to be ministers have their call tested and legitimized by the church. One does not simply declare him or herself a minister and set up shop.

Samuel was brought up in the house of the priest where he learned the faith and practice of God’s people. In that environment he was nurtured and encouraged to discern his calling. Nathaniel, very much the skeptic, was suddenly overwhelmed with enthusiasm when Phillip introduced him to Jesus. But Jesus cautioned that he was just beginning and he would see (and learn) much more in the days ahead. Guidance and education were essential for both Samuel and Nathaniel.

The “ministerial exception” acknowledges the right of religions to choose their own leaders. The church must use wisely and well the freedom the highest court recognizes in a process of shared discernment and encouragement, and with high standards of education, approval, formal call, and oversight.

Rev. Mark C. Urlaubis the pastor of Bethlehem Lutheran Church, 1206 C Avenue, Vinton. Visit their website!