Wisconsin Supreme Court Makes Mistake

The Wisconsin State Supreme Court ruled on Tuesday that religious teachers are not protected by Wisconsin discrimination laws. The 4-3 majority believes employment discrimination laws only apply to employees whose positions are not linked to a religious organization's mission. Conversely, the dissent believes the Supreme Court's decision will enable religious schools to discriminate against their employees.

The ruling was made after Wendy Ostlund, a first grade teacher at a Catholic school, was terminated. Ostlund was suing under the state's Fair Employment Act; however, the Court ruled she was unable to use said law because her job consists of teaching religious curriculum and leading classes in prayer. Ostlund believes she was fired due to her age (53), for she was replaced by a 35 year old teacher.

In the past, only religious leaders, for instance ministers, were exempt from the Fair Employment Act.

This decision is clearly a mistake on behalf of the majority. As a result of this ruling, all religious school teachers will be exempt from the Fair Employment Act and many will likely face undeserved termination. Any religious school teacher ultimately leads his or her students in some sort of religious activity. By using this factor as the determinant in their ruling, discrimination can easily occur.

The Wisconsin Supreme Court attempted to enforce the necessary American principle of separation of church and state. However, this case is not a matter of religiousity. It is a matter of equal treatment under the law, and the Court's decision will inevitably prevent equal treatment.

To read the Wisconsin Supreme Court's decision:
click here