Supreme Court rules in favor of Catholic school

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Illusory Tenant is all over Justice Michael Gableman for a ruling yesterday that dismissed the suit brought by a teacher who was fired from a Catholic school and replaced by a younger woman.

Gableman decided yesterday that an Onalaska, Wisconsin school’s firing of a veteran 53-year-old teacher and replacing her with one eighteen years her junior is an employment practice protected as a “free exercise of religion,” and that the dismissed teacher is therefore precluded from pursuing any further her age discrimination claim against the former employer.

Truth be told, Gableman does have a case, although I ultimately believe it is weak. What is especially dubious is his citing of the Establishment Cause in the U.S. Constitution. Religious schools are freer to self-regulate than public schools, however, they are still required to abide by certain state standards and are certified by the state. Gableman cites the ministerial exception, which “is grounded in the idea that the introduction of government standards [in]to the selection of spiritual leaders would significantly, and perniciously, rearrange the relationship between church and state.”

However, this is irrelevant if the religious institution is seeking to abide by state stand

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