Friday, January 20, 2023

Religious liberty at the Supreme Court: Groff

In past decades, the Supreme Court guarded against such injustices. It held that the First Amendment's establishment clause forbids the government from imposing religious accommodations that place "significant burdens" on third parties. And it recognized that people of different faiths, or no faith, have a compelling interest in avoiding discrimination that's motivated by religion. This approach balanced respect for free exercise with an acknowledgment of everyone else's liberties.

Unfortunately, in recent years, the court has abandoned this balance. Instead, the current conservative supermajority has greenlighted or mandated accommodations that directly injure other people. And it has exacerbated third-party harms by prioritizing religious freedom over everybody else's interest…


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