Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, comments on this week’s news from the US Supreme Court—its decisions upholding President Trump’s travel ban, striking down a California law affecting so-called crisis pregnancy centers, and the news that Justice Anthony Kennedy will be retiring. Hamilton cautions that the cases portend that, President Trump will, in effect, impose a religious test on candidates for Justice Kennedy’s replacement—a requirement expressly prohibited by the Constitution.
Articles Tagged with Establishment Clause
Leading church-state scholar Marci A. Hamilton comments on a recent decision by the U.S. Court of Appeals for the Second Circuit in which it held that a female principal of a Catholic school has no legal recourse when a priest engages in gender discrimination that would be actionable in any other setting. Hamilton explains that this is a product of the misguided ministerial exception, which is part of a larger, more troubling social pattern of religious entities demanding a right to discriminate and harm others.