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Church autonomy

Selected Works

Zoe Robinson

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What Is A 'Religious Institution'?, Zoe D. Robinson Dec 2013

What Is A 'Religious Institution'?, Zoe D. Robinson

Zoe Robinson

Change in the First Amendment landscape tends towards the incremental, but the Supreme Court’s opinion two terms ago in Hosanna-Tabor v. EEOC — holding that religious institutions enjoy a range of First Amendment protections that do not extend to other individuals or organizations — is better understood as a jurisprudential earthquake. The suddenness and scale of the shift helps to explain the turmoil that has ensued in the lower courts and law journals. And yet, it could be that the biggest aftershock has yet to be felt. The Court left open the most important functional question that exists in scenarios …