Kavanaugh and Gorsuch Bailed Out Attorney Who Bombed Hypotheticals Test in Religious Liberty Case

[Judi Lynn]

by Elura Nanos | 3:03 pm, May 11th, 2020



The Supreme Court of the United States heard oral arguments Monday in Morrissey-Berru v. Our Lady of Guadalupe, a case that asks whether religious schools are exempt from federal anti-discrimination laws. SCOTUS consolidated two cases: that of Agnes Morrissey-Berru, a sixth-grade substitute teacher who brought an age-discrimination claim against Our Lady of Guadalupe Catholic School, and fifth-grade teacher Kristin Biel, who filed a claim under the Americans with Disabilities Act for discrimination against St. James Catholic School.

The Catholic schools argue that the teachers have no protection from anti-discrimination laws, because they fall within the “ministerial exception.” That exception stems from a 2012 Supreme Court case that ruled churches have full freedom to decide who will hold a position as a religious leader. Now, the religious schools argue that teachers should be considered “ministers” for purposes of anti-discrimination law; they can be hired and fired without regard for what the law would otherwise require of a secular employer. The case brings up an interesting intersection between religion, education, and law: the more central and important a teacher is considered, the less likely that teacher is to be protected by federal law.

As counsel for Our Lady of Guadalupe School Eric Rassbach put it during oral arguments, the dispute is over “Who ought to teach kids about Jesus being the son of God.” Rassbach argued that “[t]eaching the faith is one of the most important functions of the religious communities,” and that classroom teachers should fall within the ministerial exception, in part, because “teachers teach much more than Catholic priests.”

As oral arguments advanced Monday, though, Rassbach’s argument unraveled. Justice Ruth Bader Ginsburg started off the throw-out-a-hypothetical game. She raised the pointed question, “You do not have to be Catholic to be a sixth-grade teacher. How can a Jewish teacher be required to model Catholic faith contra to his or her own beliefs? How can a Jewish teacher be a Catholic minister?” Before Rassbach could directly address RBG’s tough question, though, Justice Stephen Breyer began a slightly different line of questioning.

More:
https://lawandcrime.com/opinion/kavanaugh-and-gorsuch-bailed-out-attorney-who-bombed-hypotheticals-test-in-religious-liberty-case/?utm_source=mostpopular

[jls4561]

1. Two of cases cheap beer are on their way to the BLOTUS appointed judges.

Cause they are cheap shills, cheaply bought.