Our Lady of Guadalupe School v. Morrissey-Berru is a difficult case, which raises profound questions about how much control a religious institution has over the individuals who instruct others in the faith.
But the Court’s resolution of Morrissey-Berru is also a fairly maximalist decision. The upshot of Justice Samuel Alito’s opinion for a 7-2 Court is that thousands of teachers at religious schools are no longer protected by anti-discrimination laws. If one of them is fired for being Black, or gay, or a woman, the law may do nothing to intervene.
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