- Posted April 17, 2017
- Tweet This | Share on Facebook
Court hears dispute over First Amendment
By Ed White
Associated Press
DETROIT (AP) - Michigan courts can have no role in admission decisions at faith-based schools, a lawyer told the state Supreme Court last Thursday in a case that tests whether a family can sue a Roman Catholic school over their daughter's rejection.
Notre Dame Preparatory School insists federal and state legal precedent protects religious schools under the First Amendment. But a lawyer for a girl who was rejected in 2014 told justices that the lawsuit should be evaluated purely as a case of illegal discrimination.
"It's the kind of case that can be decided without straying into ecclesiastical religious doctrine," Nicholas Roumel said.
Notre Dame Prep in Pontiac told the girl that she wouldn't be admitted to ninth grade because of poor grades. The girl was later diagnosed with dyslexia and attention-deficit disorder. The school denied any discrimination based on her learning disability.
Attorney James Walsh, who represents the school and its sponsor, the Marist Fathers of Detroit, said courts can't tell a church how to fill its pews or decide who goes to a religious school.
"The pastor, principal - whoever makes the decision - can say, 'We will not be able to effectively convey our faith to this student.' ... Any inquiry by a court about why a student is or isn't accepted in a Catholic school would cause entanglement by a court in religion," Walsh said.
There's no guarantee that the Michigan Supreme Court will take any action. Justices could drop the case and let a 2015 appeals court decision stand in favor of Notre Dame Prep.
Published: Mon, Apr 17, 2017
headlines Oakland County
- Whitmer signs gun violence prevention legislation
- Department of Attorney General conducts statewide warrant sweep, arrests 9
- Adoptive families across Michigan recognized during Adoption Day and Month
- Reproductive Health Act signed into law
- Case study: Documentary highlights history of courts in the Eastern District
headlines National
- Lucy Lang, NY inspector general, has always wanted rules evenly applied
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- 2024 Year in Review: Integrated legal AI and more effective case management
- How to ensure your legal team is well-prepared for the shifting privacy landscape
- Judge denies bid by former Duane Morris partner to stop his wife’s funeral
- Attorney discipline records short of disbarment would be expunged after 8 years under state bar plan