In recent Supreme Court cases, religion has taken center stage. Groff v. DeJoy focused on religious accommodations at work, while 303 Creative v. Elenis tackled the clash between religious exercise and equal treatment. Both cases saw the court ruling in favor of the plaintiffs who raised religious objections to established laws.
This trend of prioritizing religious freedom over other important principles has become increasingly apparent, particularly since Amy Coney Barrett joined the court. The court’s decisions have had significant implications for the delicate balance between religious freedom and other values such as equality, public health, and fairness.
The erosion of limits on the government’s involvement with religion, as outlined in the First Amendment’s establishment clause, has led to an imbalance of values in American society. This shift is likely to have far-reaching consequences, potentially leading to the overturning of settled precedent and further favoring religion in the eyes of the law. Key principles, such as limits on prayer in public schools and the value of equality before the law, may be vulnerable under this court.
Recent rulings have consistently favored Christian plaintiffs, marking a departure from previous religious freedom cases that protected minority religions from discrimination. The 303 Creative case, in particular, raises concerns about the survival of equal treatment laws. The lack of a clear limiting principle leaves open the possibility that religiously grounded objections to such laws will be successful, potentially enabling discrimination against same-sex couples and other marginalized groups.
The Groff case highlights another aspect of the court’s trajectory in relation to religious rights. The court’s decision to elevate religious obligations above competing needs in the workplace undermines employers’ ability to fairly address the diverse needs and obligations of their employees.
It is evident that the court’s focus on religious exercise may not be limited to these cases. There is a likelihood that the court will overturn the longstanding rule that neutral laws of general applicability are constitutional, potentially paving the way for successful challenges to a range of laws, from zoning regulations to healthcare provisions, based on religious burden claims.
While religious liberty is an important American value, it should not be prioritized above all other principles. The court’s elevation of religious exercise poses a genuine threat to the ability of businesses and institutions to accommodate the diverse demands of the population.
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