The Supreme Court released two incredible opinions on Wednesday in favor of religious liberty, one of which offers tremendous protections for parochial schools.
In Our Lady of Guadalupe School v. Morrissey-Berru, the court ruled 7-2 in favor of two California Catholic schools, saying the government can’t intervene when a religious school makes administrative hiring or firing decisions. Although the case didn’t get much media fanfare, the ruling ensures that religious schools can make their own decisions and are protected under the ministerial exception. The case, litigated by religious liberty law firm Becket, is tremendous for students, parents, and the administrations of faith-based schools who can better prioritize religious instruction without the threat of government intrusion.
The lawsuit involved two Catholic school teachers whose employers found their performances inadequate. Their employment contracts were not renewed. The teachers sued, claiming employment discrimination, and lower courts agreed.
The high court, however, ruled that faith-based schools are protected under a ministerial exception and that the schools’ decisions were protected on those grounds and on First Amendment grounds.
The majority opinion, penned by Justice Samuel Alito, argued, “When a school with a religious mission entrusts a teacher with the responsibility of educating and forming students in the faith, judicial intervention into disputes between the school and the teacher threatens the school’s independence in a way that the First Amendment does not allow.”
In a statement, Adrian Alarcon, a spokesman for the Archdiocese of Los Angeles Catholic Schools, praised the decision for its importance to the lives of everyday students attending faith-based schools. “Religious schools play an integral role in passing the faith to the next generation of believers,” Alarcon said. “We are grateful that the Supreme Court recognized faith groups must be free to make their own decisions about who should be entrusted with these essential duties.”
I, too, am glad to see this win at the Supreme Court as so many of the justices, with the exception of Ruth Bader Ginsburg and Sonia Sotomayor, agree that faith-based schools should be free to operate as faith-based schools. As unfortunate as it is that the cases had to progress to the highest court in the land, at least the First Amendment remains the authority on these controversial lawsuits.
Nicole Russell (@russell_nm) is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist who previously worked in Republican politics in Minnesota.
