Recent Supreme Court Cases on Religion and the First Amendment
In the current term, the U.S. Supreme Court continues to address pivotal issues surrounding the First Amendment’s religion clauses, particularly as the Roberts Court has shifted its interpretation significantly in recent years. A number of pertinent cases examining government actions against the backdrop of free exercise of religion are poised to have lasting implications.
Changing Interpretations of the Establishment Clause
Historically, the Supreme Court adopted a stringent interpretation of the establishment clause, drawing from Thomas Jefferson’s idea of a strict separation between church and state. However, a notable shift has emerged, with the Court now leaning towards a perspective that prioritizes the Founding Fathers’ historical context in defining the establishment clause. In the landmark case of Kennedy v. Bremerton School District (2022), the Court stated that boundaries between permissible and impermissible government actions must reflect historical understanding. This development suggests that only actions involving government coercion may constitute violations of the establishment clause, though a precise definition remains elusive.
Evolution of the Free Exercise Clause Interpretation
Previously, the Court adopted a minimalist stance regarding the free exercise clause, exemplified by Employment Division v. Smith (1990). This established that individuals could not invoke the clause to exempt themselves from generally applicable laws not intended to restrict religious practices. Recently, however, there has been a robust reevaluation of this stance as the Court has reaffirmed the need to protect free exercise rights. Notably, government actions that disadvantage religious institutions compared to their secular counterparts have faced increasing scrutiny. Various rulings have invalidated restrictions on religious schools, particularly highlighted during the COVID-19 pandemic, emphasizing the necessity to treat religious exercise on par with secular activities.
Ongoing Cases Calling for Clarity
This term, the Supreme Court is reviewing several critical cases challenging government impositions related to the free exercise of religion:
-
Catholic Charities Bureau Inc. v. Wisconsin Labor & Industry Review Commission
This case poses the question of how “religion” is defined in relation to the First Amendment. Under Wisconsin law, organizations primarily serving religious purposes are exempt from unemployment tax. However, the state denied this exemption to Catholic Charities, arguing that its services, while motivated by religious values, are secular in nature as they serve all individuals regardless of religious affiliation. Catholic Charities contends that this exclusion violates its free exercise rights and challenges the state’s authority to determine which activities are deemed religious.
-
Mahmoud v. Taylor
Scheduled for argument in April, this case deals with whether public schools infringe upon parental rights, particularly concerning mandatory instruction on gender and sexuality that conflicts with parents’ religious beliefs. In Maryland, a group of parents contends that the absence of notification and the inability to opt-out for their children from certain reading materials violates their free exercise rights as established in previous Supreme Court rulings. The lower court, however, concluded that the parents failed to present sufficient evidence to substantiate their claims.
-
Oklahoma Statewide Charter School Board v. Drummond
This case examines whether Oklahoma’s exclusion of religious charter schools from its public charter school program infringes on free exercise rights. Following recent judgments that mandate equal treatment for religious schools in accessing benefits, the Supreme Court’s decision here could determine whether religious schools can operate as public charter entities, raising significant questions about the intersection of public funding and religious education.
Conclusion
The ongoing changes to interpretations of both the establishment and free exercise clauses suggest a profound transformation in the landscape of religious rights in the United States. These cases not only present vital questions regarding government and religious interplay but also underscore the potential breadth of protections afforded under the First Amendment. As the Supreme Court navigates these complexities, the direction taken in its rulings will likely shape the future of religious freedom significantly.
Written by Erwin Chemerinsky, Dean of UC Berkeley School of Law, an expert in constitutional law and civil liberties.
