SUPREME COURT - Americans With Disabilities Act vs Separation of Church and State

"Supreme Court Considers Case on Discrimination in Religious Schools" PBS Newshour 10/5/2011

Excerpt

JUDY WOODRUFF (Newshour): At the U.S. Supreme Court today, the justices heard arguments over nothing less than the founding principle of the separation of church and state.

At the heart of today's case is whether or not the Americans With Disabilities Act applies to the hiring and firing of -- quote -- "ministerial employees at religious institutions."

Well, joining us now to walk through the arguments, Marcia Coyle of The National Law Journal.

Welcome back.

MARCIA COYLE, The National Law Journal: Hi, Judy.

JUDY WOODRUFF: Interesting case, Marcia.

MARCIA COYLE: Fascinating.

JUDY WOODRUFF: So tell us about the facts and the arguments of each side.

MARCIA COYLE: OK.

For about 40 years, our federal courts have recognized an exception to the nation's job bias laws, an exception for lawsuits involving ministers and priests. That's where we get the name the ministerial exception. And that exception is rooted in the religion clauses in the First Amendment.

And basically it's designed to keep government from being entangled in the business of religious institutions.