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Tuesday, October 18, 2011

Stanley Fish on the Ministerial Exception Debate

In his latest New York Times column, Stanley Fish discusses the Hosanna-Tabor case and the debate over the ministerial exception.  It's not quite as incisive or provocative as some of Fish's columns, but it does provide a useful rehearsal of the arguments over this issue and some of the deep conflicts involved.  It's certainly well worth reading for those who are looking for a basic summary and discussion of the ministerial exception and the Religion Clauses.

Posted by Paul Horwitz on October 18, 2011 at 10:54 AM in Paul Horwitz | Permalink


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Fish is right in saying that any decision will of necessity be a theological one. This at once pronounces the error of liberalism (there is never such a thing as neutrality in any sphere) and shows a way out: the Court must say that the exception applies to favored religious institutions.

Posted by: AndyK | Oct 18, 2011 11:20:41 AM

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