Agudath Israel of America, alongside a coalition of religious organizations, has filed an amicus curiae (“friend of the court”) brief in a case that raises the question of whether a religious institution has the constitutional right, free from judicial interference, to decline to renew the contract of an employee who violated the institution’s religious tenets. This has significant implications for the ability of religious schools to operate in accordance with their faith and mission.

The case arose after a Catholic school in Minnesota declined to renew the contract of a school librarian after the employee announced plans to publicly act in a manner inconsistent with the schools’ religious principles. The Minnesota Court of Appeals ruled in favor of the school, holding that the First Amendment protects religious institutions from government interference in such matters. However, the employee appealed the ruling, and the case is now before the Minnesota Supreme Court.

Agudath Israel’s brief explains the high stakes this case represents and the implications it would have for all religious schools. The submission asks the court to uphold the right to educate children in an environment consistent with one’s religious values. It explains that religious schools do much more than merely provide classroom instruction, rather they transmit faith, values, and a way of life.

The brief goes on to explain that this mission depends on the ability of such schools to make employment decisions that reflect and protect their religious character: “Schools for Catholics, Jews, Protestants, and Muslims alike could not survive without the autonomy necessary to carry out their religious missions… If courts were to intrude on the employment decisions of religious schools for such personnel, religious schools would be faced with the … choice of violating their religious convictions, or else shutting down entirely.”

“Religious schools must be able to operate by the faith they teach,” said Daniel Kaminetsky, General Counsel of Agudath Israel. “For yeshivos and other faith-based schools, the right to hire and retain employees who support the school’s religious mission is essential to religious liberty. Courts should not undermine a religious school’s understanding of its own beliefs or mission.”

Agudath Israel of America thanks Haley Denler, Esq., Nicholas J. Nelson, Esq., Russell B. Balikian, Esq., Andrew G.I. Kilberg, Esq., Michael P. Corcoran, Esq., and Aly Cox, Esq. of Gibson, Dunn & Crutcher LLP for their work on the brief.