Discrimination Against LGBTQ+ Teachers
Supreme court ruling allows religious schools to discriminate against LGBTQ+ teachers
Regarding the rights and protections of the LGBTQ+ community, it seems as if with one step forward, there are multiple steps backwards. On July 8th, the Supreme Court made a 7-2 decision in favor of giving religious schools more power when it comes to employment decisions.
This Supreme Court decision arose due to two cases brought by Catholic institutions seeking an “expanded ministerial exemption”. Simply put, teachers were suing the schools for employment discrimination, and these institutions were seeking more authority. Although these particular cases were not LGBTQ+ related, the subsequent Supreme Court ruling makes LGBTQ+ teachers very susceptible to discrimination.
U.S. Associate Justice Samuel Alito notes that 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,” (Johnson, 2020).
Conservatives and leaders of religious organizations were all in favor of this ruling. For example, Grazie Christie, policy advisor of The Catholic Association, boasts that this ruling is a “clear win for the First Amendment...and affirms the right of religious institutions to be free of government interference” (Liptak, 2020).
On the other hand, Justice Sonia Sotomayor (one of the 2 justices who voted against this ruling), expressed that this ruling “...threatens to make nearly anyone whom the schools might hire ‘ministers’ unprotected from discrimination in the hiring process. That cannot be right.” (Moreau, 2020). It is very clear that this ruling exposes the room for discrimination based on sexual orientation and gender identity. By having religious institutions make employment decisions “consistent with their religious beliefs”, LGBTQ teachers are vulnerable to employment discrimination.
This collision between LGBTQ employees and religious employers is just a small part of a larger issue- our LGBTQ community is not federally protected from discrimination based on sex, sexual orientation, and gender identity. The Equality Act, which would make this discrimination federally prohibited, has passed the House of Representatives and has remained “in consideration” by the Senate since May 20, 2019. Please sign the petitions below in support of the Equality Act!
References:
Johnson, C. (2020, July 08). Supreme Court makes anti-LGBTQ discrimination easier at religious schools. Retrieved from https://www.washingtonblade.com/2020/07/08/supreme-court-makes-anti-lgbtq-discrimination-easier-at-religious-schools/
Liptak, A. (2020, July 08). Job Bias Laws Do Not Protect Teachers in Catholic Schools, Supreme Court Rules. Retrieved from https://www.nytimes.com/2020/07/08/us/job-bias-catholic-schools-supreme-court.html
Moreau, J. (2020, July 10). Supreme Court's religious employer ruling could weaken LGBTQ protections. Retrieved from https://www.nbcnews.com/feature/nbc-out/supreme-court-s-religious-employer-ruling-could-weaken-lgbtq-protections-n1233461