Religious freedom is on a massive, decade-long winning streak at the Supreme Court. #SCOTUS has decided 15 cases on religious freedom in the last decade. ALL 15 are WINS for religious freedom. 7 are @BECKETlaw cases. 1/
This 15-case winning streak hits every major area of religious freedom law:
- Religious exemptions
- Religious autonomy
- Religious speech
- Religious symbols
- Gov’t funding for religious groups 2/
The streak includes all of the major constitutional doctrines--free exercise, establishment, autonomy, speech. It includes key civil rights statutes--RFRA and RLUIPA. It includes cases affecting many faiths: Christian, Muslim, Jewish, Hindu, Native American, and others. 3/
The 15-case winning streak includes clashes between religious freedom and hot-button issues like abortion (Little Sisters, Hobby Lobby, McCullen) and gay rights (Masterpiece). 4/
Most of the 15 straight wins weren’t even close.
- 11 were decided by supermajority or unanimous vote.
- Only 4 were 5-4.
5/
15 straight wins:
Little Sisters (2020)
Our Lady (2020)
Espinoza (2020)
Am. Legion (2019)
Masterpiece (2018)
Trinity Lutheran (2017)
Little Sisters (2016)
Holt (2015)
Reed (2015)
Abercrombie (2015)
McCullen (2014)
Greece (2014)
Hobby Lobby (2014)
Hosanna-Tabor (2012)
Winn (2011)
This is good for America. As I’ve written, religious freedom helps a diverse country keep the peace, it imposes vital limits on gov’t power, and it is a fundamental human right. 7/
There remain very significant threats to religious freedom, which I address at length in my book: https://amzn.to/31SHam6 . The Little Sisters of the Poor should never have to spend 7 years defending their ministry in court! 8/
But it also bodes well for the future. Our country has strong legal protections for religious freedom, and we have a Supreme Court ready to enforce them. 9/
You can follow @LukeWGoodrich.
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