The U.S. Supreme Court's ruling protecting LGBT rights in the workplace sets the stage for another major legal fight over the scope of religious-rights exemptions to certain federal laws that could dilute the landmark decision's impact.
WASHINGTON - The U.S. Supreme Court’s ruling protecting LGBT rights in the workplace sets the stage for another major legal fight over the scope of religious-rights exemptions to certain federal laws that could dilute the landmark decision’s impact.
In their next term, which starts in October, the justices will decide whether Philadelphia violated the U.S. Constitution’s First Amendment rights of freedom of speech and religion in how it dealt with an organization that is part of the city’s Roman Catholic archdiocese.
Catholic Social Services has asked the court to overturn a 1990 Supreme Court ruling in the case Employment Division v. Smith that limited such exemptions. Overturning that ruling “would open up a whole panoply of religious defenses,” said John Bursch, a lawyer with the conservative Christian legal group Alliance Defending Freedom.Even if the court does not do so, employers can still mount religious-based defenses under a 1993 federal law called the Religious Freedom Restoration Act.
Employers have a “pretty good start” in making a religious rights claim following a 2014 Supreme Court ruling that allowed that law to be invoked by companies, University of Miami School of Law constitutional law professor Caroline Mala Corbin said. The justices in 2018 handed a victory on narrow grounds to a Colorado baker who refused based on his Christian beliefs to make a wedding cake for a gay couple, but stopped short of setting a major precedent letting people claim religious exemptions from anti-discrimination laws.
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