Supreme Court Wary of Giving Religious Schools Broad Legal Shield

  • Schools ask Supreme Court to dismiss teachers’ bias suits
  • Ginsburg says potential breadth of exemption ‘staggering’

An American flag flies outside the U.S. Supreme Court as it stands illuminated at night in Washington, D.C. on May 4, 2020. 

Photographer: Al Drago/Bloomberg
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The U.S. Supreme Court seemed divided on calls by religious groups for a broader exemption from discrimination suits as the justices heard appeals from two Roman Catholic grade schools fighting bias claims after firing teachers.

The Southern California schools told the justices in a telephone argument Monday that the Constitution gives them broad power to hire and fire employees who carry out important religious functions, such as teaching children the Catholic faith.

The schools got a mixed reception, with some justices wondering whether courts were equipped to determine which school employees met that test.