Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Tuesday, September 11, 2018

A troubling opinion on church autonomy from the CJEU

Here's the press release.  Nutshell:

Dismissal of a Catholic doctor from a managerial position by a Catholic hospital due
to his remarriage after a divorce may constitute unlawful discrimination on grounds
of religion.


The requirement that a Catholic doctor in a managerial position respect the Catholic Church’s
notion of marriage as sacred and indissoluble does not appear to be a genuine, legitimate and
justified occupational requirement, which is nevertheless a matter for the German Federal Labour
Court to determine in the present case.

However:

However, it is for the Bundesarbeitsgericht to determine whether IR has established that, in the light of the
circumstances of the case, there is a probable and substantial risk that its ethos or its right
of autonomy will be undermined.

Stay tuned.

https://mirrorofjustice.blogs.com/mirrorofjustice/2018/09/a-troubling-opinion-on-church-autonomy-from-the-cjeu.html

Garnett, Rick | Permalink