The Supreme Court is holding its second week of arguments by telephone because of the coronavirus pandemic, with audio available live to audiences around the world.
The highest profile cases are up this week, including two on Tuesday involving the potential release of President Donald Trump’s tax returns. On Monday, the justices heard two cases, including one from California about the appropriate separation between church and state.
The Supreme Court appears to be divided over how broadly Catholic schools and other religious employers should be exempt from certain lawsuits by employees.
The court heard arguments by telephone Monday because of the coronavirus. The case before the high court stems from a unanimous 2012 Supreme Court decision in which the justices said the Constitution prevents ministers from suing their churches for employment discrimination. But the court didn’t rigidly define who counts as a minister.
Attorney Eric Rassbac representing two Catholic schools sued by former fifth grade teachers who taught religion and other subjects told the justices that the women count as ministers exempt from suing. But Justice Sonia Sotomayor, a member of the court’s liberal wing, told Rassbach that he was seeking an exception that was “broader than is necessary to protect the church.”
The court’s conservatives seemed more comfortable giving broad latitude to religious institutions in defining who is a minister.
The Supreme Court has has begun hearing arguments in Monday’s second case, a dispute involving a pair of former 5th grade Catholic school teachers and whether religious schools are exempt from anti-discrimination law.
The court ruled eight years ago that religious employees of a church cannot sue for employment discrimination, but did not define exactly who would be covered.
The Trump administration is siding with the Catholic schools in California in urging the court to rule that the teachers count as religious employees and should not be able to sue for employment discrimination.