Thomas Berg, a law professor at the University of St. Thomas, commented on a recent Supreme Court case in a Reuters article about broadening religious rights.
From the article:
Thomas Berg, a law professor at the University of St. Thomas in Minnesota, said the Oklahoma case could have a major impact on the establishment clause if the court rules that “a substantial number of charters (charter schools) are private actors, not state actors, and thus are not subject to the establishment clause.”
The First Amendment generally constrains the government but not private entities.
Opponents have said religious charter schools would force taxpayers to support religious indoctrination and undermine workplace nondiscrimination principles because these schools might seek to bar employees who do not adhere to doctrinal teachings.
In rejecting the tax exemption, Wisconsin’s top court found that although the groups “assert a religious motivation behind their work,” their activities were “primarily charitable and secular,” not “operated primarily for religious purposes.”
At issue was whether Wisconsin’s denial of the tax exemption violated both religion clauses.
Berg, who joined legal briefs favoring the Maryland parents and Wisconsin Catholic Charities Bureau, said the impact of the court’s rulings in these cases depends on their scope.
“Carefully, narrowly reasoned wins would continue the court’s recent emphasis that religious exercise, although not the only right, is a constitutionally important one,” Berg said. “But less careful, broadly reasoned religious wins could upset the balance.”
