Supreme Court Weighs Whether Religious Schools Can Fire Lay Workers

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The Supreme Court's conservative majority has signaled that it is on the verge of carving out a giant exception to the nation's fair employment laws.

The schools argue that their lay teachers are exempted under the so-called"ministerial exception," which the Supreme Court set out in 2012 after the lower courts had for decades had such a rule. But the lower courts have not considered lay teachers exempt from fair employment laws. And the 2012 Supreme Court decision limited its reach to teachers who are"commissioned" ministers of the faith.

Would a "a nurse at a Catholic hospital who prays with sick patients," or"a communications staffer who prepares press releases for a religious institution," or"a counselor at a church affiliated rehab clinic," or"an employee at a soup kitchen," or"a church organist?" Justice Clarence Thomas, one of the court's conservatives, asked whether it could apply to a chemistry teacher who begins class with a Hail Mary or a lay teacher who teaches religion in a"straightforward, objective way."

The Trump administration, abandoning consistent positions on this issue taken by prior administrations stretching all the way back to the Reagan administration, supported the religious schools. Assistant Solicitor General Morgan Ratner took incoming fire from Justice Ruth Bader Ginsburg, who called"the breadth of the exemption ... staggering."

That prompted Ginsburg to point out that"it would be the same if what was reported was the principal of the school Sister Mary Margaret, had been stealing ... from the school's till regularly to pay for her gambling excursions to Las Vegas," alluding to the rather embarrassing facts of one of the cases.

Ginsburg interjected:"What I find disturbing in all this is a person can be fired or refuse to be hired, for a reason that has absolutely nothing to do with religion. Like needing to take care of chemotherapy."

 

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It's not carving out an exception if the exception has always been there and has always been recognized by the courts.

'fair labor for some' seems like a subset of separate but equal. When I read the parts about administers of faith in regards to hospitals, I read that more like administers of profit. ...

Their carve out makes no logical sense & sets up safe zones for discrimination. The cases werent on a religious grounds so their effectively setting up churches and religious institutions to be able implement any discrimination they like and ignore worker protections. This is bad

Here come religion and conservatives ruining everything, again.

I wonder what Jesus would do?

Firing people when they are sick is totally what Jesus would do.

Then they should be removed they are moving the country backwards

kourtneykardash you ready ?

Of course it is.

😑

If this happens, talent will go elsewhere & eventually lower the scholastic integrity of religious institutions as they already suffer from crimes committed against children 👶🏽 childabuse

Private businesses, including schools, should be able to hire/fire whoever they like for any reason or none. Any institution that treated their employees frivolously would find itself struggling to retain competent employees and they would adjust or suffer the consequences.

Democrats will expand the number of justices to 13. The payback for this ‘conservative’ crap will be epic.

they need to rule the daca , bullshit ILLEGAL.. to open the deportation of these freeloaders

I'm so sick of profitable organizations using 'religion' as a means to legally oppress people.

Pretty soon no employer will have to follow any laws at all. This country has turned to pure shit.

Those robes are not flame resistant

Activist judges ruining America.

Chief Justice Roberts - the man who brought you Citizens United (and gerrymandering, voter suppression, dark money, and RU/NRA/RNC/GOP/TRUMP); who did nothing but smirk over Trump’s Impeachment Trial; and who continues to act corrupted / kompromatted and fully partisan.

If they do, the church will suffer even more than they do now. I’d support that ruling.

One more nail in the coffin, one more stake to the heart from the partisan court. Shame is dead.

Has done an expose on the best justice on the court? Hint...he’s the second African American Supreme Court Justice...so this SHOULD check some checkboxes for you.

First Amendment gives them that right. If you don't follow religious teachings you shouldn't be allowed to work at a private religious organization. Not hard.

That's why progressives, if they regain power, must rebalance the high court by amending by 13. (And yes, it can be done. Must be done, in fact. The men of Gilead packed the court.)

Honest question, what positive impact has conservativism made in the average American life?

You’re FAKE news !

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