The Supreme Court’s conservative majority could deliver another major victory to religious conservatives, and doing so may require dismantling a landmark ruling written by the late Justice Antonin Scalia, according to an analysis by CNN's Joan Biskupic.
In St. Mary Parish v. Roy, two Catholic preschools and the Archdiocese of Denver are asking the justices to let them participate in Colorado’s universal preschool program without signing the state’s nondiscrimination agreement, which covers sexual orientation and gender identity.
A federal appeals court sided with Colorado, relying on Employment Division v. Smith, a 1990 decision holding that states don’t need a “compelling” interest to justify laws that are neutral toward religion and apply to everyone. “The nondiscrimination requirement exists in harmony with the First Amendment,” the 10th U.S. Circuit Court of Appeals ruled....