EU Court weakens right of religious employers to protect ethos

The highest court of the EU, the European Court of Justice has ruled that the dismissal of a Catholic doctor from a managerial position in a Church-run hospital due to his remarriage after a divorce may constitute unlawful discrimination on the ground of religion. This case has important implications for all ethos-based groups, as well as the law governing the relationship between the EU and religious bodies.

Commenting on the case, the Alliance Defending Freedom (ADF) said the ruling contributes to the weakening of the right of Churches and ethos-based organisations to operate freely without State intervention—the kind of organisational autonomy that stands at the heart of religious freedom.

They added: “For church autonomy to be effective, Churches and religious organisations need to retain the right to decide on their internal process and occupational requirements within the positions of the Church and related religious organisations.”