Federalism

When you Like the Federal approach. There is confusion regarding whether religious orgs get a huge exemption for all things ADA (Americans with Disabilities Act)- In it there is a religious exemption that covers any institution controlled by a religion, not just a house of worship- a broader exemption that the religious folks are arguing for in the HHS regs. But this does not totally exempt religious orgs from all things ADA because the ADA has several parts and the exemption does not apply to all of them. As an EMPLOYER the religious org still has to comply with the ADA requirements (for accessibility, ramps, etc.) for its employees so as to not be discriminating on the basis of disability against any employee-- who might need a ramp to get to work because they are in a wheel chair for example. click for exemption profile under ADAhttp://www.ada-il.org/questions/q_religious_orgs.php  See also, here, DOJ guide-http://www.ada.gov/cguide.htm
The Supreme Court recently made another exemption pertaining to those who have some ministerial function or capacity under Establishment clause grounds leaving open and untouched the right of non ministerial employees under the ADA (who those are is anyone's guess but reason would have it perhaps this means maintenance personnel, secretaries, IT people, and the like). The guidance on what exactly is ministerial creates drama in the blogosphere as the opinion is not clear on the point- nevertheless there is a category of persons not ministerial in religious run institutions who still have protection under the ADA.

So the federal government is allowed to by statute dictate and order religious orgs to do things it may find
unnecessary or even objectionable or too costly.  States also have regulations that pertain to ADA accommodations issues and they all do not provide the same religious exemptions so it is wise to check state laws in the area in which one operates.
Its the price everyone pays for operating in the country.  There is no blank check for being a schmuck because you run a religious school. Thus, if the Supreme Court allows some statutes to still impinge on the total autonomy of a religious org. how much more legitimate will it be deemed constitutionally permitted to do it when it is tied to a health and welfare regulation? Providing condoms stops the spread of AIDS. A mediation point might be - but does all contraception- so it is all a legit exercise of health and welfare powers, etc.
     These anti-HHS lawsuits if they go all the way to the S.Ct. may not meet with the success hoped for. Mediation is the best avenue to resolve this if any part survives the Individual mandate fight currently under review on Commerce Clause grounds.

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This is not intended to be legal advice and you are urged to consult with experts in the field in your jurisdiction if you have ADA or disability related questions. If you wish a referral in  your jurisdiction you may contact BUTLER LAW, see, www.Butlerlaw.blogspot.com  --  butlerlawfirm  [at]  aol.com
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