Breyer is on Fire!

Ladies and gentlemen, we have found the one man in the world who really understands the Missouri Synod! (see below in bold).

+HRC

JUSTICE GINSBURG: Did you say -- did I

understand you before, in response to Justice Sotomayor

and Justice Scalia, that even if she were merely a

contract teacher, the fact that she teaches religion

classes would be enough for her to qualify for the

ministerial exception?

MR. LAYCOCK: Yes. And the fact that she's

a commissioned minister is the clincher in this case.

Teaching -­

JUSTICE GINSBURG: Is the clincher in this

case, but even -- I think you answered if she were not a

commissioned minister, she's teaching the faith,

therefore she can be fired, and it doesn't matter

whether she's commissioned, so the commission is

irrelevant. It's -- it's her job duties that count?

MR. LAYCOCK: Job duties are enough.

Commission is not irrelevant. It is the clincher.

JUSTICE ["Follow the Money"] GINSBURG: Well, it was certainly

for some purposes, I mean, if every teacher who teaches

religion and math and a lot of other things said, I'm a

minister and I'm entitled to the parsonage allowance on

my income tax return, certainly that's something that a

government agent would review.

MR. LAYCOCK: Well, they do review it there.

I think they -- I don't think the Lutherans have any

problems with the IRS on that. But yes, that is a

context where they review these questions.

----

JUSTICE BREYER: Well, suppose that that's a

central tenet. Suppose you have a religion and the

central tenet is: You have a problem with what we do,

go to the synod; don't go to court. And that applies to

civil actions of all kinds. All right? So would that

not be protected by the First Amendment?