The King is Coming

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Victory for Religious Freedom in the Supreme Court

The United States Supreme Court recently gave an important win for religious freedom. In a unanimous 9-0 decision, the US. Supreme Court ruled decidedly in favor of what had been traditional understandings of the religious free exercise clause of the First Amendment of the U.S. Constitution in Fulton v. City of Philadelphia. In this case, the City of Philadelphia had attempted to block a Catholic adoption agency from being allowed to function unless they would give children to LGBTQ families.

There are several important aspects of this decision that are very encouraging to those who cherish religious freedom. First, the decision was unanimous (9-0). Given the fractious nature of this Court, particularly on issues involving the LGBTQ community, this fact alone signals a significant Court shift on this issue. Second, the fact that the unanimous opinion was written by the Court’s Chief Justice, John Roberts, adds to the signaled significance of this opinion given his perceived reticence in recent years to take decisive and bold action on contentious culture war issues.

Third, the decision amplifies the fact that elections have consequences. If Hillary Clinton had won the 2016 presidential election, Justices Gorsuch, Kavanaugh, and Barrett would not be Supreme Court Justices and a President Clinton would have appointed justices who would have ruled in a very different fashion and would have exercised a gravitational pull on the more liberal justices: Kagan, Breyer, and Sotomayor.

Instead, we have a unanimous decision affirming the free exercise of religious rights of Americans and refuting the drumbeat of articles in law school journals and other venues over the last two decades. The argument was that when LGBTQ rights conflict with traditional religious beliefs, religious free exercise rights must always give way as if every issue was, and is, a “zero sum” game where one side must win and the other side must lose.

Many of those defending exceptions that respect genuine religious convictions have argued this is not the case and the rights of the LGBTQ community could be recognized while still respecting the religious convictions of their fellow citizens. The Fulton decision proves the “zero sum” belief of complete winners and complete losers was fallacious.

Chief Justice Roberts writes in his unanimous opinion “the City has burdened the religious exercise of CSS through policies that do not meet the requirement of being neutral and generally applicable.” He then significantly notes the decision “prohibits no one from serving children,” but rather “simply ends a state discrimination” against those with deeply held religious convictions. Roberts is arguing that both the LGBTQ and Catholic Social Services (CSS) community can be accommodated, and more needy children can be served.

As the Chief Justice also noted, CSS “seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else.” One could only wish the LGBTQ community were as tolerant and as accommodating of their fellow citizens as CSS has demonstrated itself to be.

This is indeed a decision to greatly encourage those who love and believe in freedom of conscience from government coercion in matters of religion. It shows at the very least the Supreme Court has a conservative majority willing to block overzealous governments that attempt to override the First Amendment. How widespread the Supreme Court will defend religious freedom in other areas is yet to be seen for religious groups.

PRAY: Pray the Supreme Court will defend religious freedoms while facing continued opposition from the political left.