No, it can’t happen in America. … in the USA we have the Establishment Clause to prevent such a thing from happening. The government can’t interfere with out churches in such a way, nor can our churches take control of our government. That’s not to say they can’t have an affect on one another in various ways, but such blatant interference is forbidden by the Constitution.
Actually, that is not true (it can go either way). At the federal level, Congress passed laws making it illegal for employers and others in the USA to discriminate based on
religion, race, color, national origin, or gender. Regarding
religion, Congress specifically exempted religious organizations (churches)–but they didn’t do this for race, color, national origin, or gender. In other words, a Catholic church or school can tell somebody “we are not hiring you because you are not a Catholic,” and that is okay, **but it is not okay if they do that regarding race, color, national origin, or gender. **
Now yes, attorneys for churches tried to challenge this as unconstitutional (the race, color, national origin, or gender part), saying that it is in violation of the 1st Amendment’s Establishment Clause. However, they failed. The courts upheld the laws as Constitutional, and said that churches cannot discriminate regarding race, color, national origin, or gender. Churches can only discriminate regarding
religion.
Congress has also passed other laws making it illegal to discriminate in some cases regarding age and physical disability. I’m reading a case right here where a Catholic school tried to argue that the federal age discrimination laws didn’t apply to them because of the 1st Amendment’s Establishment Clause, and the Federal Appeals Court rejected their argument, relying on a Supreme Court decision.
However, that Federal Appeals Court decision said the courts do recognize a few exceptions:
- members of the clergy – they said that none of the federal discrimination laws regarding race, color, national origin, or gender apply to the cases of a church discriminating against their clergy. This is why, for example, it is okay under federal law for the Catholic churches in the USA to refuse to take women into their clergy. And the they did say this was a First Amendment issue, recognizing “the pervasively religious relationship between a member of the clergy and his religious employer.”
- some specific cases “involving lay employees in which the relationship between employee and employer is so pervasively religious that it is impossible to engage in an discrimination inquiry without serious risk of offending the [first amendment].”
Regarding the legality of discrimination against
homosexuals, under federal law it is okay for an employer to discriminate against
homosexuals. It is okay for you to say, “I am not going to hire you because you are gay.” This federal law may or may not change.
However, the federal laws aren’t the only laws you live by, you are also governed by your state and local laws. You need to check to see if your state makes it illegal to discriminate against homosexuals and you need to check to see if your locality makes it illegal to discriminate against homosexuals.
There are many states that make it illegal for employers to discrimate against homosexuals. I’d imagine there have already been numerous cases where homosexuals here in the USA have sued churches for refusing to hire them or for firing them, solely because they were gay. I just don’t feel like spending the time to find them to see what happened. Last time I checked, my state has no law making it illegal to discriminate against gays. If you live in my state, it is okay if say, “I am not going to hire you because you are gay.”
But like I said, you also have to follow the laws in your locality. Last time I checked, I was surprised to learn that every city I have lived in, including the one I live in now, has a law that makes it illegal for me to refuse to hire or to fire an employee solely because he is a homosexual. Again, like I said, I’d imagine there have already been numerous cases where homosexuals here in the USA have sued churches for refusing to hire them or for firing them, solely because they were gay. I just don’t feel like spending the time to find them to see what happened.