These new cases raise the question of how courts should go about answering the question of whether an employee is covered by the ministerial exception and, as a result, cannot litigate an employment discrimination claim.
In this new case, more than one justice – including Chief Justice John Roberts – sounded frustrated that their previous ruling in Zubik (encouraging the parties to find a compromise on the contraceptive mandate) had not worked.
In a letter to congressional leaders, 183 organizations – including BJC – urged that any future legislation providing resources to those impacted by COVID-19 should include explicit language barring discrimination, including religious discrimination.
It’s clear that courts are dealing with a variety of constitutional concerns, as well as public health orders that take radically different approaches. In some cases, local governments have reached agreements or clarified positions in a way that address earlier concerns.
I can’t remember a time when there were more cases before the Supreme Court that could impact religious liberty and church-state law. Here is an updated calendar and run-down of the cases on my radar.
Cases across the country are addressing the tension between public health emergency orders due to the coronavirus and religious liberty rights, including drive-in churches.
Faith.
Freedom.
For All.
The targeting of religious minorities.
The rise of Christian nationalism.
The politicization of houses of worship.
BJC brings people together to tackle today’s serious threats to religious liberty.
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Faith.
Freedom.
For All.
The targeting of religious minorities.
The rise of Christian nationalism.
The politicization of houses of worship.
BJC brings people together to tackle today’s serious threats to religious liberty.