February 28, 2022

Justices eye expansion of religious exemption to anti-bias law - Reuters

Associate Justice Samuel Alito poses during a group photo of the Justices at the Supreme Court in Washington, U.S., April 23, 2021. Erin Schaff/Pool via REUTERS

  • SCOTUS won't review ruling involving professor at Christian college
  • Four conservative justices said narrow decision was 'troubling'
  • Supreme Court adopted broad view of religious exemption in 2020 case

(Reuters) - Members of the U.S. Supreme Court's conservative wing on Monday signaled an interest in expanding an exemption for religious employers from anti-discrimination laws, but turned away a case raising the issue involving a social work professor at a Christian college in Massachusetts.

The court declined to review a decision from Massachusetts's state supreme court that said the professor, Margaret DeWeese-Boyd, could sue Gordon College for allegedly denying her a promotion because she criticized the school's anti-LGBT policies.

The Massachusetts Supreme Judicial Court found that DeWeese-Boyd did not teach religion, lead students in prayer or deliver sermons, distinguishing her from other workers who courts have found to qualify for the so-called “ministerial exception” from anti-discrimination laws.

On Monday, U.S. Supreme Court Justice Samuel Alito said the case was not ripe for the high court's review because it is still in the early stages of litigation at the trial-court level.

But Alito said the Massachusetts court's "narrow view of religious education" was troubling, and that teachers of secular subjects can still have key roles in instilling religious values in students.

"In an appropriate future case, this Court may be required to resolve this important question of religious liberty," Alito wrote.

Alito was joined by Justices Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett.

The Supreme Court first recognized the ministerial exemption, which bars employees with religious duties from suing for discrimination under federal and state laws, in a 2012 decision and has only considered its scope once since then, in 2020.

In that ruling, which was penned by Alito, the court adopted a broad view of the exemption and said it applied to teachers at two Catholic elementary schools in California who did not have any explicitly religious duties.

John Bursch of the Alliance Defending Freedom, a Christian legal group that represents Gordon College, said he was pleased by Alito's invitation to bring the case back to the court later on.

"Gordon’s professors are key to teaching the Christian faith to students, who choose to attend Gordon because they want to integrate their faith and learning," Bursch said.

Lawyers for DeWeese-Boyd at the firm Fair Work did not immediately respond to a request for comment.

The case is Gordon College v. DeWeese-Boyd, U.S. Supreme Court, No. 21–145.

For Gordon College: John Bursch of Alliance Defending Freedom

For DeWeese-Boyd: Hillary Schwab of Fair Work

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source: https://www.reuters.com/legal/government/justices-eye-expansion-religious-exemption-anti-bias-law-2022-02-28/

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