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The second decision is more far-reaching, however, and the media angst is at least rational here. In the long-awaited ruling in Our Lady of Guadalupe School v Morrissey-Berru, the court ruled 7-2 that religious schools have wide latitude in selecting instructors and other personnel in relation to religious convictions. This strengthens an earlier unanimous ruling in Hosanna-Tabor, but creates a much broader range for action than that earlier ruling did:Quote“The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission,†wrote Justice Samuel Alito for the 7-2 majority. “Judicial review of the way in which religious schools discharge those responsibilities would undermine the independence of religious institutions in a way that the First Amendment does not tolerate.â€...… [Agnes] Morrissey-Berru sued Our Lady of Guadalupe School in Hermosa Beach for age discrimination when her contract was terminated. Kristen Biel sued St. James School in Torrance when her contract wasn’t renewed after she was diagnosed with breast cancer. She said the school violated the Americans with Disabilities Act.In both cases, the churches said they were protected from discrimination lawsuits. But the Ninth Circuit Court of Appeals in San Francisco refused to throw the cases out, ruling that even though the teachers taught some religious subjects, their duties were not ministerial. ...
“The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission,†wrote Justice Samuel Alito for the 7-2 majority. “Judicial review of the way in which religious schools discharge those responsibilities would undermine the independence of religious institutions in a way that the First Amendment does not tolerate.â€...… [Agnes] Morrissey-Berru sued Our Lady of Guadalupe School in Hermosa Beach for age discrimination when her contract was terminated. Kristen Biel sued St. James School in Torrance when her contract wasn’t renewed after she was diagnosed with breast cancer. She said the school violated the Americans with Disabilities Act.In both cases, the churches said they were protected from discrimination lawsuits. But the Ninth Circuit Court of Appeals in San Francisco refused to throw the cases out, ruling that even though the teachers taught some religious subjects, their duties were not ministerial. ...
I'm guessing that Kagan and Breyer went with the majority while Ginsburg and Sotomayor went against the Bill of Rights.
