Skip to comments.OUR LADY OF GUADALUPE SCHOOL v. MORRISSEYBERRU
Posted on 07/08/2020 7:27:34 AM PDT by C19fan
The First Amendment protects the right of religious institutions to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine. Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America, 344 U. S. 94, 116. Applying this principle, this Court held in HosannaTabor Evangelical Lutheran Church and School v. EEOC, 565 U. S. 171, that the First Amendment barred a court from entertaining an employment discrimination claim brought by an elementary school teacher, Cheryl Perich, against the religious school where she taught. Adopting the so-called ministerial exception to laws governing the employment relationship between a religious institution and certain key employees, the Court found relevant Perichs title as a Minister of Religion, Commissioned, her educational training, and her responsibility to teach religion and participate with students in religious activities. Id., at 190191. In
(Excerpt) Read more at supremecourt.gov ...
So Kagan and Breyer, usually reliably liberal, crossed over.
I haven’t read it yet.
Final 3 cases tomorrow.
2 on Trump finances.
Yes, Breyer & Kagan went with Alito in full.
Thomas and Gorsuch also had a Concurring opinion written by Thomas
Couldn’t be better
Breyer and Kagan certainly seem more reasonable than the other two, but I’m still surprised.
I maintain that the Roberts court is basically Burger court 2.0, but that means we will getting good decisions from them on a regular basis, while liberals win some big awful "precedents" now and then. A total disaster would have been Earl Warren Court 2.0.
Thanks campaignPete R-CT.
It’s possible The 2 Libs went along with a concession on the details of the opinion. They agreed to vote with the 5 if the wording was changed.
Roberts likes that approach, preferring 7-2 over a stronger-worded 5-4 opinion.
It means Kagan is not attempting to destroy the integrity of the court every day.
Could be Kagan has some concern over Jewish schools.
Breyer could be influenced by daughter, Episcopal priest. That could play either way.
Interesting. I did not know Breyer's daughter is an ordained minister like Scalia's son. Given his ideology, I'm guessing his daughter is some "social justice" type like Gorsuch's creepy pastor. But I'm still surprised she's ordained anyway. I figured they were a secular family, which him basically being Jewish only by ethnicity. (Sotomayor is similarly nominally "Catholic" only on paper, as are a lot of RATS)
There's certainly a double standard there though... if Breyer had been a GOP pick for SCOTUS, they would have no doubt nitpicked the "Episcopalian priest" daughter and "questioned" his ability to decide fairly on religious cases because of it.
Yup, I nailed it. “Social justice” type “pastor”:
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