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

DIY Is In: How Aussie Parents Are Redefining Birthday Parties

When planning his daughter’s birthday, Rich opted for a DIY approach, inspired by her love for drawing maps and giving clues. Their weekend tradition of hiding treats at home sparked the idea, and with a pirate ship playground already chosen as t...

When Touchscreens Turn Temperamental: What to Do Before You Panic

When your touchscreen starts acting up, ignoring taps, registering phantom touches, or freezing entirely, it can feel like your entire setup is falling apart. Before you rush to replace the device, it’s worth taking a deep breath and exploring what c...

Why Social Media Marketing Matters for Businesses in Australia

Today social media is a big part of daily life. All over Australia people use Facebook, Instagram, TikTok , LinkedIn and Twitter to stay connected, share updates and find new ideas. For businesses this means a great chance to reach new customers and...

Building an AI-First Culture in Your Company

AI isn't just something to think about anymore - it's becoming part of how we live and work, whether we like it or not. At the office, it definitely helps us move faster. But here's the thing: just using tools like ChatGPT or plugging AI into your wo...

Data Management Isn't Just About Tech—Here’s Why It’s a Human Problem Too

Photo by Kevin Kuby Manuel O. Diaz Jr.We live in a world drowning in data. Every click, swipe, medical scan, and financial transaction generates information, so much that managing it all has become one of the biggest challenges of our digital age. Bu...

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Times Features

What Makes Certain Rings or Earrings Timeless Versus Trendy?

Timeless rings and earrings are defined by designs that withstand the test of time, quality craftsmanship, and versatility. Trendy pieces, on the other hand, often stand testimony ...

Italian Street Kitchen: A Nation’s Favourite with Expansion News on Horizon

Successful chef brothers, Enrico and Giulio Marchese, weigh in on their day-to-day at Australian foodie favourite, Italian Street Kitchen - with plans for ‘ambitious expansion’ to ...

What to Expect During a Professional Termite Inspection

Keeping a home safe from termites isn't just about peace of mind—it’s a vital investment in the structure of your property. A professional termite inspection is your first line o...

Booty and the Beasts - The Podcast

Cult TV Show Back with Bite as a Riotous New Podcast  The show that scandalised, shocked and entertained audiences across the country, ‘Beauty and the Beast’, has returned in ...

A Guide to Determining the Right Time for a Switchboard Replacement

At the centre of every property’s electrical system is the switchboard – a component that doesn’t get much attention until problems arise. This essential unit directs electrici...

Après Skrew: Peanut Butter Whiskey Turns Australia’s Winter Parties Upside Down

This August, winter in Australia is about to get a lot nuttier. Skrewball Whiskey, the cult U.S. peanut butter whiskey that’s taken the world by storm, is bringing its bold brand o...