Right of religious schools to hire and fire teachers confirmed by US Supreme Court

The US Supreme Court ruled yesterday that an exception to government employment laws for religious ministers also applies to teachers in religious schools.

“The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission,” wrote Justice Samuel Alito for the majority in a 7-2 decision.

When the Supreme Court heard oral arguments in the combined case in May, lawyers for the schools argued that “for hours on end over the course of a week,” teachers in Catholic schools were the “primary agents” by which the faith was taught to students.

The decision about who qualifies as a minister could directly impact future cases in which teachers might be dismissed for failing to adhere to Church teachings on same-sex marriage or transgender issues, both of which have been subjects of controversy in recent months.

Alito wrote that there must be “a recognition that educating young people in their faith, inculcating its teachings, and training them to live their faith are responsibilities that lie at the very core of the mission of a private religious school.”

The court concluded that “when a school with a religious mission entrusts a teacher with the responsibility of educating and forming students in the faith, judicial intervention into disputes between the school and the teacher threatens the school’s independence in a way that the First Amendment does not allow.”