Question about sex discrimination and the church

Forums: Legal
Email this Topic • Print this Page

Why hasn't a woman attempted to challenge the church for not allowing women to be priests?
Would she stand a chance, or would it be a waste of time (assuming, of course, that she would be able to meet all the other qualifications needed to be a priest)?
Has this ever been attempted before?

Topic Stats
Top Replies
Link to this Topic

Type: Discussion • Score: 1 • Views: 1,016 • Replies: 8

No top replies

Is this about the Catholic Church? I think there have been some women...and men...who have broached the subject of allowing women to become ordained Priests; however the Vatican refuses to change the current setup.

0 Replies

They had to change the Canonic Law to do such - doubtfully that this will happen.

(Canon 1024: "Sacram ordenationem valide recipit solus vir baptizatus."
[Only a baptized male (vir) validly receives sacred ordination]. )

Canon 1024 specifically excludes women from any role of religious authority in the Roman Catholic Church. The same is true for the various Orthodox Christian Churches, Islam, and many other religious institutions.

0 Replies

http://www.religioustolerance.org/femclrg10.htm

http://www.womensordination.org/pages/art_2005Ord

http://www.catholicnews.com/data/stories/cns/0503401.htm

http://www.cbc.ca/story/canada/national/2005/07/25/womenpriests0725.html

0 Replies

Thanks for the links ehBeth. I will look into them in just a minute.

To clarify my question, I don't mean so much why there is a religious reason or argument for women to not be priests, but more the legal aspects of why women (at least as far as I can tell) have not suceeded in presenting litigation to challenge a "discriminatory" policy of not allowing them that position.
And I suppose the best bet would be to use this in a Catholic religious setting (or rather, any religion that does not allow female priests).

0 Replies

JustanObserver wrote:

To clarify my question, I don't mean so much why there is a religious reason or argument for women to not be priests, but more the legal aspects of why women (at least as far as I can tell) have not suceeded in presenting litigation to challenge a "discriminatory" policy of not allowing them that position.
And I suppose the best bet would be to use this in a Catholic religious setting (or rather, any religion that does not allow female priests).

Since the restrictions on who can or can't be a priest (in the Catholic Church anyway) are a part of their religious doctrine and is an entirely internal matter it would be a violation of the 1st Amendment for the government to dictate any legal term on them here in the U.S. The U.S. courts have no jusridiction over internal church affairs.

The best explaination I've found for it is in WATSON v. JONES (1871)

" That the jurisdiction of civil courts being confined to 'civil actions,' they may not take cognizance of purely spiritual or ecclesiastical questions, as such; just as they may not take cognizance of any moral or scientific questions for the purpose of determining upon their abstract truth; but that in every case of controversy, where a right of property depends upon an adherence to religious doctrine, or is affected by an act or judgment of an ecclesiastical tribunal, the civil court will examine into such doctrine as matter of fact, for the purpose of determining which party maintains the original principles of the society, and will examine into the act or judgment of the ecclesiastical court, for the purpose of determining whether it is in contravention of the fundamental law of the church, or without authority from it; in which latter case, such act or judgment will be esteemed void and be disregarded. In these several cases the exclusive standard of judgment is the CONSTITUTION of the church itself.'

IOW, the civil courts can look to see if the subject of a complaint is a matter of religious doctrine or not. If it is then they have no jusrisdiction. If it isn't a matter of church doctrine then they can look further into the case.

0 Replies

There is no doubt that the Roman Catholic Church discriminates against women with respect to positions of authority within the Church. But, I don't think anti-discrimination laws apply to the Church. I think any attempt to enforce anti-discrimination laws upon the Church would run afoul of First Amendment principles, e.g., freedom of religion and freedom of expressive association.

See, e.g., BOY SCOUTS OF AMERICA et al. v. DALE, 530 U.S. 640 (2000).

http://laws.findlaw.com/us/530/640.html

0 Replies

JustanObserver wrote:

Thanks for the links ehBeth. I will look into them in just a minute.

To clarify my question, I don't mean so much why there is a religious reason or argument for women to not be priests, but more the legal aspects of why women (at least as far as I can tell) have not suceeded in presenting litigation to challenge a "discriminatory" policy of not allowing them that position.
And I suppose the best bet would be to use this in a Catholic religious setting (or rather, any religion that does not allow female priests).

any legal comment would be related to only one jurisdiction. many countries don't allow governmental intervention/interference in church actions - which is clearly problematic in the cases of some groups which seem to straddle the cult/religion line.

0 Replies

Thank you for the informative and interesting responses, all! I seem to have been on the right track with the issue, it always helps to get the POV of a few other people in the know, however.

Very Happy

0 Replies

Question about sex discrimination and the church

Related Topics

Quick Links

My Account

able2know