LIEB BLOG

Legal Analysts

Tuesday, March 22, 2022

US Supreme Court Invites Discrimination Against Same-Sex Applicant to Religious Organization

What happens when there is "an employment dispute between a religious employer and an applicant who was not hired because he disagreed with that employer’s religious views?" 


Stated otherwise, isn't allowing an employer to deny a job to someone who disagrees with their religious views a license to discriminate? 


To get specific, what should happen if a religious employer refuses to hire a bisexual applicant in a same-sex relationship just because of such orientation and relationship status? 


Should it matter if that applicant applied to work as a staff attorney rather than as a minister for the employer? 


While the US Supreme Court declined their opportunity to let us know for sure, with binding precedent, in Seattle's Union Gospel Mission v. Woods, their denial of certiorari seemingly indicates that they are inclined to allow religious employers to discriminate against same-sex individuals and prevent such individuals from working in any aspect within the organization, even outside of a religious job like a minister.