ABSTRACT

UPDATE: 'Our Lady of Guadalupe' and the Ministerial Exception to Antidiscrimination Laws [Updated July 9, 2020]   [open pdf - 709KB]

From the Document: "'The Supreme Court issued its opinion in 'Our Lady of Guadalupe' on July 8, 2020, reversing the Ninth Circuit decisions and ruling that the First Amendment barred courts from hearing the teachers' employment discrimination claims. Justice Alito, writing the majority opinion, stated that a 'variety of factors' could determine whether a religious organization's employment decisions are constitutionally protected with respect to any given employee, clarifying that the specific factors noted in Hosanna-Tabor were not 'inflexible requirements' or 'checklist items to be assessed. . . in every case.' Although the teachers in the combined cases before the Court did not have the job title of 'minister,' the Court concluded that they nonetheless 'performed vital religious duties' at the schools where they taught. In the Court's view, 'educating young people in their faith, inculcating its teachings, and training them to live their faith are responsibilities that lie at the very core of the mission of a private religious school.' Accordingly, the Court said, intervening in such a dispute would 'threaten[] the school's independence in a way that the First Amendment does not allow.' Justice Sotomayor dissented, joined by Justice Ginsburg. She emphasized that 'the teachers taught primarily secular subjects, lacked substantial religious titles and training, and were not even required to be Catholic.' In addition to the teachers' functions, the dissent's analysis continued to focus on the other 'objective and easily discernable' factors highlighted in' Hosanna-Tabor."

Report Number:
CRS Legal Sidebar, LSB10455
Author:
Publisher:
Date:
2020-07-09
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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