Monday, February 28, 2022

Justices won’t hear bid to expand religious exception to worker rights | Courthouse News Service




Justices won’t hear bid to expand religious exception to worker rights | Courthouse News Service
By Brad Kutner

WASHINGTON (CN) — Avoiding questions of so-called ministerial duty for teachers at religious colleges, the U.S. Supreme Court passed Monday on an appeal from a Christian college in Massachusetts after the state's highest court allowed an employment discrimination case against the school to go to trial. 

Margaret DeWeese-Boyd sued Gordon College after it denied the tenured associate professor of social work a promotion to full professor in 2016. Despite the Faculty Senate unanimously recommending her for the gig, the college said its decision was based on her lack of scholarly work.

DeWeese-Boyd, however, argued in state court that the denial was based on her advocacy for the LGBTQ community, with goes against the school’s religious beliefs. 

The Massachusetts Supreme Judicial Court sided with DeWeese-Boyd, finding the so-called ministerial exception - a legal doctrine that protects religious institutions from most discrimination claims - did not apply to her.

Gordon College appealed to the Supreme Court, but the justices decided Monday not to take up the case this term.

While the denial may be good news for the professor for now, a statement written by conservative Justice Samuel Alito respecting the denial suggests it won't be the last time the issue comes before the nation's highest court. 

“I have doubts about the state court’s understanding of religious education and, accordingly, its application of the ministerial exception,” the George W. Bush appointee wrote about the core question on appeal: whether a school can extend its protection of religious teachings to subjects traditionally outside the faith-based sphere. 

Relying heavily on the court’s 2020 decision in Our Lady of Guadalupe School v. Morrissey-Berru, Alito said the ministerial exception protects the “‘autonomy’ of ‘churches and other religious institutions’ in the selection of the employees who ‘play certain key roles.’"

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