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While I agree that it's shitty, I don't see how it's a first amendment issue. The first amendment is just a limit on the kinds of laws that can be passed. Privately, there can be consequences based on speech, religion, etc. For example, platforms like Twitter are not required to host speech that they disagree with.
The US has at-will employment. Your employer can ~~fire you~~ not hire you for almost any reason, including if you make public statements that they disagree with.
There are very few limits to this. One of which is that you employer cannot discriminate based on sex. The lower court found that discrimination based on sexual orientation counts as discrimination based on sex. The appeals court disagreed.
This is normally the kind of thing that the Supreme Court should settle. But given who is currently sitting on the SCOTUS, I don't think I want this case to go that far right now.
Missed that it was a Catholic school and not publicly funded. My mistake, I'm not sure if it is 1A, and probably certainly this SCOTUS would allow it.
I don't know why we consider it not publicly funded. Did they pay taxes? No? Ok, how is not paying taxes different than getting money from the government?
If they receive federal funds then there’s still an argument to be made in front of a court not filled with conservative idiots.
Doesn't the Obergefell decision confirm that discrimination based on sexual orientation by definition is discrimination based on sex, and therefore illegal under the civil rights act? So why should this be allowed?
Obergefell is a 14th Amendment ruling, which is "equal protection under the law." So if straight couples are allowed to marry, then gay couples must be allowed to marry.
But with at-will employment, everyone is equally unprotected under the law. So no 14th Amendment violation.
The non-discrimination stuff in employment law comes from the Civil Rights act.
Read again, the guy wasn’t even fired. Teachers work on an annual contract, and they didn’t renew it. This is not the same as getting fired.
s/fire/not hire/
The argument is the same.
Edited the comment.