Radio Recap – BREAKING: Two Major Victories for Religious Liberty at the Supreme Court | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

There were two major victories for religious freedom and religious liberty at the U.S. Supreme Court.

On today’s Jay Sekulow Live, we discussed the two major victories for religious liberty at the Supreme Court. The ACLJ had filed amicus briefs in both of those cases.

Both cases were decided 7-2, both with the same makeup of Justices. You’ve got two different authors in the opinions in these cases. The first one to come out this morning was Our Lady of Guadalupe School v. Morrissey-Berru and also combined with St. James School v. Biel. That decision was written by Justice Alito, again with a 7-2 decision.

So the conservative justices of the Supreme Court were joined by Justice Kagan and Justice Breyer. That was the same makeup as the case regarding the Little Sisters of the Poor v. Pennsylvania, also a 7-2 decision. Justice Thomas wrote that opinion with Justice Kagan and Justice Breyer joining the conservatives.

Let’s start off with the Our Lady of Guadalupe School v. Morrissey-Berru case. This is very similar to another case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. Do religious schools fall under the ministerial exception? That means they get to decide who to hire and fire if they believe that someone does not share the faith or the principles or the ideology of the school. That means they can fire someone and not face potential civil rights claims in court, that someone can’t even take them to court to make that claim.

This case expands the Hosanna-Tabor decision, which was a 9-0 decision, to even more individuals who work at the school. In this Our Lady of Guadalupe School decision, the Supreme Court said yes, the ministerial exception still applies.

My dad, Jay Sekulow, made the following point:

This is a big win for religious liberty, I want to be clear. First of all, you have a supermajority of the Court, 7-2. That’s a good sign to religious freedom cases. You have liberal members of the Court siding with the conservatives, specifically Justice Breyer and Justice Kagan. Justice Breyer on religious liberty has issued cases on Ten Commandment displays determining them to be constitutional in context. So we argued in our brief, we filed a friend of the court brief in this case, and we said, The animating principle of the ministerial exception is preservation of religious autonomy. In every other context where institutional autonomy has been an important consideration, this Court has consistently accorded a significant degree of deference to the institution’s decisions.

The Court, in its opinion said, The independence of religious institutions in matters of “faith and doctrine” is closely linked to independence in what the Court has termed “matters of church government.” So this tracks very closely to what we set forth in our arguments and obviously this is a very big decision, 7-2.

We at the ACLJ also filed a friend of the court brief in the Little Sisters of the Poor case, another major victory for life and religious liberty.

The full broadcast is complete with much more in-depth discussion by our team of the great victories for religious liberty at the Supreme Court in both the Our Lady of Guadalupe School v. Morrissey-Berru case and the Little Sisters of the Poor v. Pennsylvania case, and how they relate to our upcoming lawsuit against the state of California for banning singing and chanting in church.

Watch the full broadcast below.

Don’t Ban Singing in Church

Religious Liberty  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

As we defend your religious liberty from the overreach of the radical Left and protect the right to sing in church, we need your support. Have your gift DOUBLED today. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.

Buddhist-Based Mindfulness Programs in Public Schools for 7 Years

By Christina Stierhoff1614783540000

The ACLJ has recently unveiled the truth of Mindfulness’ infiltration into the United States’ public schools. Through our two-year-long Freedom of Information Act (FOIA) investigation , the ACLJ has uncovered that the Department of Education (DOE) has been experimenting with Mindfulness programs...

read more

Four Years of Trump Admin Advancing Global Religious Freedoms

By Olivia Summers1612295160971

While President Biden has now taken office, and we are focused on working to ensure his Administration protects religious freedom across the globe, it is important to understand the gains we’ve made in the last four years – what we must build upon in our advocacy for the persecuted Church. On...

read more

ACLJ Files in Worship Ban Lawsuit Detailing Critical New Precedent

By Erik Zimmerman1611069119146

The ACLJ represents three churches in a lawsuit challenging California’s ban on all singing and chanting at indoor worship services throughout the state. We recently filed a supplemental brief asking the court to prevent California from enforcing the ban while the case moves forward. In an earlier...

read more

Writing the Book On Religious Freedom in the Workplace

By Geoffrey Surtees1609434987026

Does a person of faith have to leave his religious commitments at home when he enters the workplace? Does he have to place job duties ahead of his religious ones? What if an employer assigns a task that would require one to violate one’s religious beliefs? Unfortunately, far too many people (both...

read more