Ginsburg wrote little on the religion clauses, but she frequently joined with those Justices who favored a strong separation of church and state.
Los Angeles County lost another battle in its bid to stop Grace Community Church from meeting indoors today. Judge Mitchell L. Beckloff found that, contrary to the County’s representation, the Sun Valley megachurch led by Pastor John MacArthur did not violate any court order because no court order prohibited the congregation from meeting indoors.
Five months into the pandemic shut-down, Los Angeles County is asking for the courts to find that Grace Community Church Pastor John MacArthur acted in contempt of court for holding services this past weekend, and for fines of $20,000 against church leaders and the congregation.
Today, Founders’ First Freedom, Inc. filed an amicus brief urging the United States Supreme Court to revisit and restore the workplace religious accommodation standard found in Title VII of the Civil Rights Act of 1964.
The ethical and moral onus is now on religious institutions as they decide whether to fire “ministerial” employees for reasons illegal in the secular world, such as age or the need for cancer treatment. Institutions engaging in this kind of discriminatory tactic will still need to answer to a Higher Source who will not be impressed with their ability to obtain summary judgment. The way for religious institutions to “win” these cases is to avoid them in the first place by taking the lead in treating employees with the highest degree of care and concern.
With the death of state Blaine Amendments this week, religious schools that welcome state money might find that they are now subject to regulation that may undermine their very reason for existence.