(06-15-2020, 06:53 PM)EricC85 Wrote: Interesting how this might effect religious employment can a religious institution that still practices homosexuality as an act of sin forbid or Discriminate hiring homosexuals?

Can a church say you can’t be a gay preacher or teacher in their institutions?

No, Gorsuch specifically referred to the Religious Freedom Restoration Act as a "super statute" that must be upheld above any other statute.
Also, the law only applies to organizations above a certain number of employees, I think 15.  Most churches are below that number.

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(06-15-2020, 06:56 PM)TJBender Wrote:

(06-15-2020, 06:53 PM)EricC85 Wrote: Interesting how this might effect religious employment can a religious institution that still practices homosexuality as an act of sin forbid or Discriminate hiring homosexuals?

Can a church say you can’t be a gay preacher or teacher in their institutions?

I haven't read the ruling and almost certainly never will, but on its face, no, they can't. I'd interpret this as meaning that if a transgendered individual gets hired into a position at a religious school without anyone figuring it out beforehand, there is zero ability to separate them from the business later on for that reason.

Religious schools in particular were given lots of leeway in some recent SCOTUS decisions.
Also, federal employment law really only becomes enforceable if there is a clear paper trail showing that the forbidden reason was an essential reason the employment decision was made.  If you needed to downsize, no liability.  If you can document that they failed in their job duties, worse than other employees that you kept, no liability.

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