The Times Australia
The Times World News

.

Religion at the Supreme Court: 3 essential reads

  • Written by Matt Williams, Religion & Ethics Editor
Religion at the Supreme Court: 3 essential reads

The Supreme Court wrapped up its latest term on July 1, 2021, with a couple of final opinions[1].

It was the first session with Justice Amy Coney Barrett sitting on the bench. Her appointment – replacing Ruth Bader Ginsburg, who died in September 2020[2] – tipped the balance further in favor of conservative-leaning justices, who now hold a 6-3 majority in the highest court of the land.

Religion proved a throughline for the session. Legal arguments over the extent to which First Amendment rights protect faith-based groups in the public sphere[3] were among the first heard back in November, with a ruling on the matter coming down in mid-June. In between, the justices were called upon to decide whether religious freedoms should trump health concerns[4] during the pandemic, among other issues.

These rulings tended to fall in favor of religious liberty. Legal experts writing for The Conversation were on hand to help explain what it all means.

1. A verdict that hints at more to come?

Getting a unanimous verdict on a contentious issue is no mean feat. But it was achieved in the case of Fulton v. City of Philadelphia[5], in which the justices agreed 9-0 that the city was wrong to end its relationship with a Catholic adoption agency that refused to work with same-sex couples.

It was a narrow ruling that, initially at least, will only affects only the specific case brought to the court. To the disappointment of some conservatives[6], it didn’t deliver an immediate, dramatic expansion of religious rights.

But constitutional law expert Morgan Marietta[7] argues it is nonetheless consequential[8]. “It means that any unequal treatment of religious groups will be regarded as a violation of the First Amendment, even if it comes at the expense of the dignity of LGBTQ citizens,” he writes.

And, Marietta adds, it could nod toward a greater victory for the religious right further down the track: “It suggests that when the broader question of whether religious groups have the right to discriminate does come before the justices, they will likely uphold religious liberty over gay rights.”

Read more: Supreme Court unanimously upholds religious liberty over LGBTQ rights – and nods to a bigger win for conservatives ahead[9]

2. Continuing a winning streak

The verdict in the Fulton case should come as no real surprise. As Steven Green, professor of law at Willamette University[10], writes, the Supreme Court has tended to look favorably on faith-based arguments[11] in recent years. He notes that since George W. Bush appointed John Roberts as chief justice in 2005, “the justices have ruled in favor of religious claimants 81% of the time.”

This winning streak extended into the pandemic with majority rulings in which[12] the Supreme Court struck down[13] restrictions on religious services imposed to lower the risk of COVID-19’s spread.

Green points out that the court is essentially saying religious entities have to be treated as favorably as the most essential service in the pandemic when deciding if they should remain open. At the same time, such entities have been given the go-ahead to “discriminate against customers or employees in a way the essential services cannot,” according to Green.

“It is,” Green concludes, “the legal equivalent of having your cake and eating it, too.”

Read more: How the Supreme Court found its faith and put 'religious liberty' on a winning streak[14]

3. Religious identity and ideology

The backdrop to these rulings is a shift to the right – both religiously and politically – in the makeup of the Supreme Court in recent decades. Nomi Stolzenberg, professor of law at University of Southern California[15], took a deep look at the history of religious identity[16] at the Supreme Court.

[Get the best of The Conversation, every weekend. Sign up for our weekly newsletter[17].]

She explains that religion has “always played a strong role” in shaping the composition of the Supreme Court. But the nature of that influence has changed over time. Whereas until the 1980s it was denominational in nature – that is to say, focus was on the faiths that justices ascribe to – it is now ideological:

“In recent decades it has been shaped by conservatives of different faiths, construed as part of a mythical Judeo-Christian tradition, coalescing around a common agenda,” Stolzenberg writes.

Read more: Religious identity and Supreme Court justices – a brief history[18]

Editor’s note: This story is a roundup of articles from The Conversation’s archives.

References

  1. ^ a couple of final opinions (www.washingtonpost.com)
  2. ^ died in September 2020 (theconversation.com)
  3. ^ protect faith-based groups in the public sphere (theconversation.com)
  4. ^ religious freedoms should trump health concerns (www.latimes.com)
  5. ^ Fulton v. City of Philadelphia (www.oyez.org)
  6. ^ disappointment of some conservatives (www.wsj.com)
  7. ^ constitutional law expert Morgan Marietta (www.uml.edu)
  8. ^ argues it is nonetheless consequential (theconversation.com)
  9. ^ Supreme Court unanimously upholds religious liberty over LGBTQ rights – and nods to a bigger win for conservatives ahead (theconversation.com)
  10. ^ Steven Green, professor of law at Willamette University (willamette.edu)
  11. ^ Supreme Court has tended to look favorably on faith-based arguments (theconversation.com)
  12. ^ rulings in which (www.wsj.com)
  13. ^ the Supreme Court struck down (www.scotusblog.com)
  14. ^ How the Supreme Court found its faith and put 'religious liberty' on a winning streak (theconversation.com)
  15. ^ Nomi Stolzenberg, professor of law at University of Southern California (gould.usc.edu)
  16. ^ took a deep look at the history of religious identity (theconversation.com)
  17. ^ Sign up for our weekly newsletter (theconversation.com)
  18. ^ Religious identity and Supreme Court justices – a brief history (theconversation.com)

Read more https://theconversation.com/religion-at-the-supreme-court-3-essential-reads-163712

Times Magazine

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an online presence that reflects your brand, engages your audience, and drives results. For local businesses in the Blue Mountains, a well-designed website a...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beauty On Saturday, September 6th, history will be made as the International Polo Tour (IPT), a sports leader headquartered here in South Florida...

5 Ways Microsoft Fabric Simplifies Your Data Analytics Workflow

In today's data-driven world, businesses are constantly seeking ways to streamline their data analytics processes. The sheer volume and complexity of data can be overwhelming, often leading to bottlenecks and inefficiencies. Enter the innovative da...

7 Questions to Ask Before You Sign IT Support Companies in Sydney

Choosing an IT partner can feel like buying an insurance policy you hope you never need. The right choice keeps your team productive, your data safe, and your budget predictable. The wrong choice shows up as slow tickets, surprise bills, and risky sh...

Choosing the Right Legal Aid Lawyer in Sutherland Shire: Key Considerations

Legal aid services play an essential role in ensuring access to justice for all. For people in the Sutherland Shire who may not have the financial means to pay for private legal assistance, legal aid ensures that everyone has access to representa...

Watercolor vs. Oil vs. Digital: Which Medium Fits Your Pet's Personality?

When it comes to immortalizing your pet’s unique personality in art, choosing the right medium is essential. Each artistic medium, whether watercolor, oil, or digital, has distinct qualities that can bring out the spirit of your furry friend in dif...

The Times Features

From Garden to Gift: Why Roses Make the Perfect Present

Think back to the last time you gave or received flowers. Chances are, roses were part of the bunch, or maybe they were the whole bunch.   Roses tend to leave an impression. Even ...

Do I have insomnia? 5 reasons why you might not

Even a single night of sleep trouble can feel distressing and lonely. You toss and turn, stare at the ceiling, and wonder how you’ll cope tomorrow. No wonder many people star...

Wedding Photography Trends You Need to Know (Before You Regret Your Album)

Your wedding album should be a timeless keepsake, not something you cringe at years later. Trends may come and go, but choosing the right wedding photography approach ensures your ...

Can you say no to your doctor using an AI scribe?

Doctors’ offices were once private. But increasingly, artificial intelligence (AI) scribes (also known as digital scribes) are listening in. These tools can record and trans...

There’s a new vaccine for pneumococcal disease in Australia. Here’s what to know

The Australian government announced last week there’s a new vaccine[1] for pneumococcal disease on the National Immunisation Program for all children. This vaccine replaces pr...

What Makes a Small Group Tour of Italy So Memorable?

Traveling to Italy is on almost every bucket list. From the rolling hills of Tuscany to the sparkling canals of Venice, the country is filled with sights, flavors, and experiences ...