In two decisions rendered at the end of its term, the U.S. Supreme Court has broadened the right of religious employers not to follow federal and state law with respect to job discrimination and to restrict the availability of covered birth control for employees under the Affordable Care Act. Broadening the Ministerial Exception to Anti-Discrimination Laws In Our Lady of Guadalupe School v. Morrissey-Berru , No. 19–267 (July 8, 2020), the Court considered how far the so-called “ministerial exception” to anti-discrimination law extends. In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC , 565 U.S. 171 (2012)), the Court had held that ministers employed by a church were not protected against job discrimination under federal and state law because of the First Amendment right of the church to decide who carries out its religious mission. In Morrisey-Berru and a consolidated case, the employees suing for job discrimination did not have a ministerial title but were instead teachers at Catholic church-run schools whose responsibilities were not strictly related to religious instruction. One of the teachers alleged that her teaching contract was cancelled shortly after she told the principal she had been diagnosed with cancer; she sued under the Americans with […]
