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Supreme Court Debates What Makes a Minister and Job Discrimination

The Supreme Court seemed divided over how broadly religious institutions including schools, hospitals, and social service centers should be shielded from job discrimination lawsuits by employees.

The court heard arguments by telephone, with the audio available live, for a second week because of the coronavirus pandemic. The court has two days left of scheduled telephone arguments. Tuesday’s arguments are high-profile fights over President Donald Trump’s financial records.

Recently, the high court heard a case stemming from a unanimous 2012 Supreme Court decision in which the justices said the Constitution prevents ministers from suing their churches for employment discrimination. But the court didn’t rigidly define who counts as a minister.

Lawyer Eric Rassbach, representing two Catholic schools sued by former fifth-grade teachers who taught religion among other subjects, told the justices that the women count as ministers exempt from suing.

“If separation of church and state means anything at all, it must mean that government cannot interfere with the church’s decisions about who is authorized to teach its religion,” Rassbach told the justices.

But the court struggled Monday with who should count as a minister, with the court’s four more liberal members expressing concern about broadening the current exception.

Justice Sonia Sotomayor, a member of the court’s liberal wing, told Rassbach that he was seeking an exception that was “broader than is necessary to protect the church.”

Justice Elena Kagan, meanwhile, asked whether a series of people working for religious institutions would count as a minister, including a math teacher who begins class with a prayer, …

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HIGHLIGHTS

They Changed Their Minds about Slavery and Left a Bible Record

Two businessmen’s unusual conversion in 1700s South Carolina led them to liberate the people they put in bondage. At first glance, William Turpin and his business partner, Thomas Wadsworth, appeared to be like most other prestigious and powerful white men in late 18th-century South Carolina. They were successful Charleston merchants, had business interests across the state, got involved in state politics, and enslaved numerous human beings. Nothing about them seemed out of the ordinary. But, quietly, these two men changed their minds about slavery. They became committed abolitionists and worked to free dozens of enslaved people across South Carolina. When most wealthy, white Carolinians were increasingly committed to slavery and defending it as a Christian institution, Turpin and Wadsworth were compelled by their convictions to break the shackles they had placed on dozens of men and women. In an era when the Bible was edited so that enslaved people wouldn’t get the idea that God cared about their freedom, Turpin left a secret record of emancipation in a copy of the Scriptures, which is now in the South Carolina State Museum. Perhaps it’s not surprising that this story of faith and freedom is mostly unknown. The two men were, after all, working not to attract attention. Neither had deep roots in Charleston or close familial ties to its storied white “planter” dynasties. Turpin’s family was originally from Rhode Island, and Wadsworth was a native of Massachusetts who moved to South Carolina only shortly after the American Revolution. Both had public careers and served in the South Carolina Legislature, but their political profiles were not particularly high. Neither of them appeared to give any of their legislative colleagues the sense that they were developing strong, countercultural opinions on one of the most ...Continue reading...

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They Changed Their Minds about Slavery and Left a Bible Record

Two businessmen’s unusual conversion in 1700s South Carolina led them to liberate the people they put in bondage. At first glance, William Turpin and his business partner, Thomas Wadsworth, appeared to be like most other prestigious and powerful white men in late 18th-century South Carolina. They were successful Charleston merchants, had business interests across the state, got involved in state politics, and enslaved numerous human beings. Nothing about them seemed out of the ordinary. But, quietly, these two men changed their minds about slavery. They became committed abolitionists and worked to free dozens of enslaved people across South Carolina. When most wealthy, white Carolinians were increasingly committed to slavery and defending it as a Christian institution, Turpin and Wadsworth were compelled by their convictions to break the shackles they had placed on dozens of men and women. In an era when the Bible was edited so that enslaved people wouldn’t get the idea that God cared about their freedom, Turpin left a secret record of emancipation in a copy of the Scriptures, which is now in the South Carolina State Museum. Perhaps it’s not surprising that this story of faith and freedom is mostly unknown. The two men were, after all, working not to attract attention. Neither had deep roots in Charleston or close familial ties to its storied white “planter” dynasties. Turpin’s family was originally from Rhode Island, and Wadsworth was a native of Massachusetts who moved to South Carolina only shortly after the American Revolution. Both had public careers and served in the South Carolina Legislature, but their political profiles were not particularly high. Neither of them appeared to give any of their legislative colleagues the sense that they were developing strong, countercultural opinions on one of the most ...Continue reading...

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