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May 9, 2024 2 mins

Religion Law Quiz #89

 

Can the government discriminate against religion when acting in a managerial role? 

 

(Scroll down for the answer)

 

Answer: No.  The Supreme Court has plainly stated, “We have never suggested that the government may discriminate against religion when acting in its managerial role.”  Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868, 1878 (2021).

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

Welcome to another insightful episode of the Religion Law Podcast. This episode features Quiz number 89, with the probing question: Can the government discriminate against religion when acting in a managerial role? Join your host, Michael Fielding, as he delves into the case study of Fulton v. City of Philadelphia, Pennsylvania (2021) to provide clarity on the subject.

The answer, as defined by the Supreme Court, is a resounding "no." The court maintains that governments, regardless of the roles they assume, should not use their position to discriminate against religion. This episode further elaborates on the constitutional safeguards that are meant to protect religious freedoms from being unjustly encroached upon by governmental management roles.

As the podcast unfolds, you'll discover the significance and practical applicability of these overarching constitutional protections. The city, when performing any managerial role, is not excused from respecting religious rights. Understand the legal requirements that need to be met before any burden on religion can be justified.

Get ready to get enlightened in this thought-provoking episode of Religion Law Podcast. This episode is intended purely for educational purposes and should not be relied upon as legal advice. As always, your host, Michael, encourages you to keep being a positive influence. Pick up some insightful legal knowledge and enjoy the music!

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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:01):
Welcome to another episode of the Religion Law Podcast, where you learn about
religious freedom and other religion law-related topics through a short question-and-answer format.
I'm your host, Michael Fielding.
Let's see how you do on today's quiz.
Hey, welcome to Religion Law Quiz number 89, numero ochenta nueve. A.

(00:26):
Let's keep today's quiz really short.
Here's the question for you. Can the government discriminate against religion
when acting in a managerial role?
It's an interesting question. Can the government discriminate against religion
when acting in a managerial role? What do you you think?

(00:51):
Well, the Supreme Court has said, no, it can't.
Here's what the court said, quote, we have never suggested that the government
may discriminate against religion when acting in its managerial role, close quote.
And that comes from Fulton v. City of Philadelphia, Pennsylvania in 2021.

(01:13):
Specific citation will be in the show notes. So what is the practical takeaway here?
Well, Well, again, if you have the city, you have it functioning in some sort
of managerial role, the city cannot use that as an excuse to discriminate against religion.

(01:34):
And we see here the overarching protections of the Constitution being put in
place, which is, if you're going to burden religion,
you have to have a very compelling interest to do so, and it has to be the most
narrowly tailored means to do that.
And the fact that you want to kind of pivot as the government,

(01:55):
say, well, we're just acting in a management role here, not as a regulatory function,
doesn't excuse the government from abiding by those principles.
All right, that was today's quiz. I will see you on the next Religion Law Quiz.
Thank you for listening to today's episode. Remember, Religion Law Quizzes are

(02:19):
for educational purposes only and are not intended to be relied upon as legal advice.
If you have found this episode to be helpful, please share it and leave a review.
Until we meet again, keep being an influence for good.
Music.
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