Written by concrim-2011-28fSchool: Totino-Grace High School
Class: ConCrim 2011
In the Seventeen years of my life I have saw many people take advantage of other people in any kind of situation. Many people would say religious institutions could take advantage of this and I am sure some do. Does this mean that what they are doing is right? of course not! But under my interpretation of the constitution Religious schools, organizations, etc. have the right to freely exercise their beliefs. We have to always look through the constitution to see if the institution is going against it or not. Some Judges on the court might look past the constitution to make their decision but I am pretty sure they would get a scolding from Judge Scalia who is an originalist.
I do believe that the court should look to who the employer is if an individual is said to be discriminated against. There are other ways throughout the constitution where the court can look at to get around the first amendment that religious institutions use to persuade the court in their favor. If a case like the Hosanna Tabor church case comes up again in the near future then congress might have to add a couple of new amendments that limit what religious institutions have the right to do with their employees.