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How the Supreme Court Is Weaponizing Religious Freedom

Billy Foster

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Published in American Crusade: How The Supreme Court Is Weaponizing Religious Freedom

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In recent years, the Supreme Court has increasingly interpreted religious freedom in ways that expand the rights of religious individuals and institutions at the expense of others. This trend is particularly alarming in cases involving LGBTQ rights, where the Court has used religious freedom arguments to justify discrimination against LGBTQ people.

One of the most prominent examples of this trend is the Court's 2018 decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission. In that case, a Christian baker refused to make a wedding cake for a same-sex couple, citing his religious beliefs. The Colorado Civil Rights Commission found that the baker had violated the state's anti-discrimination law, but the Supreme Court ruled in the baker's favor, holding that his religious freedom rights were violated.

The Court's decision in Masterpiece Cakeshop has been widely criticized by legal scholars and LGBTQ advocates. They argue that the decision creates a dangerous precedent that allows religious individuals and institutions to discriminate against LGBTQ people with impunity. It also sends a message that LGBTQ people are not fully equal under the law.

American Crusade: How the Supreme Court Is Weaponizing Religious Freedom

by Andrew L Seidel

4.8 out of 5

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The Court's recent religious freedom decisions have not been limited to cases involving LGBTQ rights. In 2020, the Court ruled in favor of a Christian adoption agency that refused to place children with same-sex couples. In 2021, the Court ruled in favor of a Muslim teacher who was fired for wearing a hijab.

These decisions suggest that the Court is increasingly willing to use religious freedom arguments to justify discrimination against minority groups. This trend is deeply troubling and has the potential to undermine the civil rights of all Americans.

The History of Religious Freedom in the United States

The First Amendment to the United States Constitution states that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof." This language has been interpreted to mean that the government cannot interfere with the religious practices of individuals and institutions.

In the early years of the United States, the Supreme Court interpreted the First Amendment's religious freedom protections in a very narrow way. In 1890, for example, the Court upheld a state law that prohibited polygamy, even though the law was based on religious beliefs.

However, in the 20th century, the Court began to interpret the First Amendment's religious freedom protections more broadly. In 1940, the Court ruled that the government could not force children to salute the American flag if it violated their religious beliefs. In 1963, the Court ruled that the government could not require public school students to read the Bible.

In recent years, the Court has continued to expand the scope of religious freedom protections. In 1990, the Court ruled that the government could not deny unemployment benefits to a worker who was fired for using peyote in a religious ceremony. In 2014, the Court ruled that the government could not require a closely held corporation to provide contraceptive coverage to its employees if it violated the owners' religious beliefs.

The Supreme Court's Recent Religious Freedom Decisions

The Supreme Court's recent religious freedom decisions have been highly controversial. Critics argue that the Court is creating a "religious liberty" exemption that allows religious individuals and institutions to discriminate against others. They also argue that the Court's decisions are based on a narrow and distorted view of religious freedom.

Defenders of the Court's decisions argue that the Court is simply protecting the religious rights of individuals and institutions. They also argue that the Court's decisions are in line with the First Amendment's religious freedom protections.

The Impact of the Supreme Court's Religious Freedom Decisions

The Supreme Court's recent religious freedom decisions have had a significant impact on the lives of LGBTQ people and other minority groups. These decisions have created a legal environment in which it is more difficult to challenge discrimination based on religion.

The Court's decisions have also emboldened religious individuals and institutions to discriminate against LGBTQ people and other minority groups. For example, since the Court's decision in Masterpiece Cakeshop, there have been numerous reports of businesses refusing to serve LGBTQ people.

The Future of Religious Freedom in the United States

The future of religious freedom in the United States is uncertain. The Supreme Court is likely to continue to interpret the First Amendment's religious freedom protections in a broad way. This could lead to further erosion of the rights of LGBTQ people and other minority groups.

It is important to note that there is a growing movement to challenge the Supreme Court's recent religious freedom decisions. This movement is led by LGBTQ advocates, civil rights organizations, and religious groups who believe that the Court's decisions are unjust and discriminatory.

It is too early to say whether this movement will be successful in reversing the Supreme Court's recent religious freedom decisions. However, it is clear that the future of religious freedom in the United States is at stake.

American Crusade: How the Supreme Court Is Weaponizing Religious Freedom

by Andrew L Seidel

4.8 out of 5