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Does a Worship Leader at a Church Have to Honor Civil Rights

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  • 12-04-2014, 09:53 AM
    NurseC
    Does a Worship Leader at a Church Have to Honor Civil Rights
    My question involves civil rights in the State of: IL
  • 12-04-2014, 10:20 AM
    Mr. Knowitall
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    You need to actually ask a question, but.... churches are not state actors, and the state will avoid involving itself in canon law. For example, if a church's canon law provides that women should not be permitted to be ministers, that's going to be lawful even though a non-religious employer could not have an equivalent rule discriminating against female employees.
  • 12-04-2014, 10:43 AM
    flyingron
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    Churches also have the right, in many circumstances, to discriminate on the base of religion in employment and other areas. But rather than writing a treatise on the first amendment, we need more details as to what you are after.
  • 12-04-2014, 06:27 PM
    Lehk
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    religious organizations are given near limitless discretion to select their membership and their leadership, however they cannot take actions against your civil rights (they cannot kidnap you or steal from you, or sacrifice you in a volcano)
  • 12-04-2014, 08:28 PM
    cdwjava
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    Of course, so many people post here alleging a violation of some "right" or anther that os not really a "right." For all we know the OP may be angry because he was not allowed to express a contrary opinion at church or some church-related function and he thinks it might be a violation of the 1st Amendment. Who knows?
  • 12-10-2014, 09:36 AM
    NurseC
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    Here is the deal with what I was asking about. Our worship leader removed a lady who played an instrument for over 12 years at our church because she thinks her wheelchair is a "distraction" to our worship. This lady has always played in front of the first pew until we moved into a new sanctuary where there is wheelchair accessibility but all of a sudden the worship leader does not want her on the platform. I am disturbed that she can do this to her just because of her being in a wheelchair. It does not seem legal. It is definately not morally right!
  • 12-10-2014, 09:55 AM
    llworking
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    Quote:

    Quoting NurseC
    View Post
    Here is the deal with what I was asking about. Our worship leader removed a lady who played an instrument for over 12 years at our church because she thinks her wheelchair is a "distraction" to our worship. This lady has always played in front of the first pew until we moved into a new sanctuary where there is wheelchair accessibility but all of a sudden the worship leader does not want her on the platform. I am disturbed that she can do this to her just because of her being in a wheelchair. It does not seem legal. It is definately not morally right!

    That may possibility a type of discrimination that the church cannot do.

    However, you and other like minded worshipers can certainly make your opinions known to the leadership of the church, and absolutely should.
  • 12-10-2014, 10:38 AM
    Taxing Matters
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    Quote:

    Quoting NurseC
    View Post
    Here is the deal with what I was asking about. Our worship leader removed a lady who played an instrument for over 12 years at our church because she thinks her wheelchair is a "distraction" to our worship. This lady has always played in front of the first pew until we moved into a new sanctuary where there is wheelchair accessibility but all of a sudden the worship leader does not want her on the platform. I am disturbed that she can do this to her just because of her being in a wheelchair. It does not seem legal. It is definately not morally right!

    Unfortunately for her the federal Americans with Disabilities Act (ADA) Title III, which applies to places of public accommodation, specifically excludes “religious organizations or entities controlled by religious organizations, including places of worship” from its requirements. 42 U.S.C. § 12187. The ADA does apply to churches with respect to how they treat their employees as ADA Title I does not have the same exemption for religious organizations. Thus, the church has not violated the ADA here unless the lady is an employee of the church while playing at church services (i.e. she is paid a wage or salary to play). Illinois has a law very much like the ADA and, like the ADA, it excludes religious organizations and houses of worship from the requirements for places of public accommodation. Again, though, state law may be violated here if she is an employee of the church.
  • 12-10-2014, 11:02 AM
    NurseC
    Re: Does a Worship Leader at a Church Have to Honor Civil Rights
    She is not an employee. She was just playing as an act of worship. I have complained to the pastor and board. The pastor is the worship leader's husband so unfortunately she is allowed to be unkind with no reprimand. Only a few people in the congregation know about this. It is a big enough congregation that they do not notice changes like this. I was hoping that I could resolve this without involving the people but I have not been successful so I will start to let people know about this. I did file a complaint with our district headquarters on Monday so maybe they will help. I really appreciate you all helping me with this. This lady has cerebral palsy and says that this is therapy for her and that her pain goes away when she plays. I am a nurse and this is really bothering me that a "christian" and a pastor's wife would be like this to another person. Thanks for all of your replies!!!
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