“Religious discrimination.” It’s an accusation we hear with increasing frequency. Indeed, discrimination on the basis of religion is one of the few common concerns our divided society has left. But even here, political polarization has left its mark. As conservatives use it, “religious discrimination” carries a meaning that is largely lost on the broader public. Now, with three new decisions from the Supreme Court, we can see how that conservative conception of religious discrimination intrudes on some of the most basic principles of the American democratic tradition. One case decided last week, Espinoza vs. Montana, ruled that a state constitutional provision limiting state-subsidized scholarships only to secular schools “discriminates” against religious schools and the parents who choose them, and thereby violates the Free Exercise Clause of the 1st Amendment. On Wednesday, the court handed down two more decisions, further eroding principles of religious freedom that require the separation of church and state. In the case of Our Lady of Guadalupe School vs. Morrissey-Berru, the court dramatically expands the “ministerial exemption,” which protects church autonomy by barring ministers from suing their employers. The court broadened this exemption by classifying any teacher who performs “religious functions” as a “minister,” even if […]
