Religious interest groups are preparing a series of high-profile appeals at the Supreme Court this autumn, potentially impacting the separation of church and state.
These groups aim to leverage a 6-3 conservative majority that has increasingly ruled in their favour in recent years, hoping to expand the First Amendment’s free exercise clause.
Several Catholic groups are contesting a New York State mandate that requires health insurance plans to cover medically necessary abortions.
Muslim and Eastern Orthodox parents in Maryland seek to exempt their elementary school children from reading books on gender and sexuality, while a Tampa synagogue wishes to advertise its ice-skating themed Hannukah celebration on public transport.
Justice Samuel Alito has expressed concerns that freedom of religion is ‘imperilled’, advocating for a return to ‘godliness’ in America.
Justice Brett Kavanaugh has commended the court’s actions over the last six years, reinforcing principles of religious equality and liberty.
Justice Neil Gorsuch emphasized the importance of religious belief in his recent book, noting that it is often the first to be censured when societal attitudes change.
The Supreme Court’s last significant religious-related ruling was in 2023, siding with a designer who refused to create websites for same-sex weddings on free speech grounds.
The justices face at least six religion-related cases at their upcoming ‘long conference’.
Cases include a Rastafarian man in Louisiana seeking damages after his dreadlocks were cut by corrections officers, and an Orthodox synagogue challenging a transit authority’s refusal to display Hannukah celebration advertisements.
Becket, a prominent public interest legal group, is supporting several significant appeals, such as challenging New York’s insurance requirement for certain abortions.
A group known as New York nuns argues that the law imposes an immense burden on their deep-seated religious convictions.
The Supreme Court will potentially feature abortion in its docket for the second consecutive year, following the overturning of Roe v. Wade in 2022.
Religious interests have secured seven major victories since 2021, including support for an evangelical Christian mail carrier who was unable to work on Sundays.
Critics argue that these rulings reflect a bias towards mainstream Christian interests, reshaping the historic understanding of the government’s relationship with religion.
The conservative majority, while showing reluctance to overturn the precedent set by Employment Division v. Smith, has significantly weakened it.
Religious advocates are optimistic about future rulings, expecting the Supreme Court to eventually hear more cases involving religious liberty.
The Supreme Court’s forthcoming decisions on these high-profile appeals could further alter the balance between religious liberty and state authority.
With conservative justices signalling strong support for religious expression, future rulings may continue to reshape the legal landscape in favour of religious groups.
