“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.
The case involves the “ministerial exception” to civil rights laws. As a general rule, religious institutions have total control over whom they employ as “ministers.” That means that if a church wants to fire its preacher because of that preacher’s race or gender, it may do so, even though such discrimination ordinarily is illegal.
As Alito explains, the Constitution protects “the right of churches and other religious institutions to decide matters ‘of faith and doctrine’ without government intrusion.” Implicit in this right is a certain “autonomy with respect to internal management decisions that are essential to the institution’s central mission. And a component of this autonomy is the selection of the individuals who play certain key roles.””
“a teacher at a religious school whose duties include religious instruction qualifies as a “minister,” and is therefore unprotected by anti-discrimination law.”
“Under Alito’s decision, this fairly small amount of religious instruction — a little more than three hours a week — was enough to trigger the ministerial exception. “Implicit in our decision in Hosanna-Tabor,” Alito writes, “was 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.””