Thomas Berg, a professor at the University of St. Thomas School of Law, spoke with Law360 about a group of federal cases that could influence how courts balance religious liberty with workplace discrimination laws. Berg noted that the cases, now before the Fourth Circuit, raise unresolved legal questions about the extent to which religious employers can make employment decisions based on their beliefs, adding that clearer guidance may ultimately need to come from the U.S. Supreme Court.
From the article:
University of St. Thomas School of Law Professor Thomas C. Berg, who specializes in constitutional law and religious liberty and leads the school’s Religious Liberty Appellate Clinic, said these cases offer the Fourth Circuit a chance to solidify its stance on issues that neither it nor the Supreme Court has addressed.
But guidance from the nation’s top court will ultimately be necessary to settle the legal landscape, he said.
“This will, to some extent, set the Fourth Circuit’s position, because you’ve got the three cases at the same time on one panel,” Berg said. “But these questions are ultimately not going to get resolved until the Supreme Court does it.”
