The Supreme Court declined to hear a sex discrimination case Tuesday, a decision that left one of the justices considering potential implications on the right of religious expression.
"I agree that we should not grant certiorari in this case, which is complicated by a state-law procedural issue. But I write because I am concerned that the lower court’s reasoning may spread and may be a foretaste of things to come," wrote Justice Samuel Alito.
Alito refers to the lower court's decision to uphold the dismissal of potential jurors from a case involving a lesbian. The dismissed jurors had said they believe homosexuality is a sin.
The Missouri Department of Corrections asked the high court for review, arguing that the lower court violated the equal protection clause by excluding jurors based on their religious background without further inquiry into whether such jurors could be fair and impartial ...