May School Choice Programs Restrict Religious Schools' Ability to Select Teachers Based on Religion, Sex, Etc.?
In Hosanna-Tabor v. EEOC (2012), the Supreme Court unanimously held that religious institutions have the constitutional right to freedom in selecting their clergy and religious teachers, notwithstanding federal or state antidiscrimination law. In Our Lady of Guadalupe School v. Morrisey-Berru (2020), the Court held (by a 7-2 vote) that this…
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