On Oct. 5, the U.S. Supreme Court will hear arguments in a very significant case that pits a Lutheran parochial school’s assertion of First Amendment rights against the claims of the Equal Employment Opportunity Commission and a fired teacher, Cheryl Perich, of violations of the Americans With Disabilities Act. The high profile of this suit, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, is reflected in interest by third parties — 31 amicus curiae briefs have been filed — and by the church’s retention of professor Douglas Laycock of the University of Virginia School of Law, a leading authority on religious liberty, to represent it.
Hosanna-Tabor illustrates a recurring tension between two bedrock guarantees: the religion clauses of the First Amendment and the civil rights laws. Because the parties believe they are playing for high stakes, the ultimate decision will greatly disturb one side’s adherents. Indeed, depending on the court’s precise disposition and reasoning, everyone involved may end up unhappy.
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