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Wisconsin

Actual decision can be found at Coulee Catholic Schools v. LIRC

Wisconsin Court: Religious teachers can't claim bias

The Wisconsin Supreme Court says religious school teachers are not protected by the state's anti-discrimination laws.

In a 4-3 decision, the court says religious schools have a constitutional right to choose their own employees to carry out their missions and that includes many teachers.

In 2002 Coulee Catholic Schools, now called Aquinas Catholic Schools, cited declining enrollment when they fired then 53-year old Wendy Ostlund and eight other teachers. Ostlund sued, claiming age discrimination was the reason she was fired.

The court says employees cannot make discrimination claims under the Wisconsin Fair Employment Act because that would interfere with their employers' right to religious freedom.

Aquinas Catholic Schools argued to have the case thrown out, citing first amendment rights. They say the state should not be able to dictate who teaches religion.

Ostlund had taught at St. Patrick's elementary school since 1974.

Dissenting Justice Patrick Crooks says the decision "extends a free pass to religious schools to discriminate against their lay employees."

(The Associated Press contributed to this story)