The Supreme Court Delivers Another Victory for the Founders’ Vision of Religious Liberty

July 14 2020

The Supreme Court’s most recent term has produced a series of important rulings protecting religious freedom, most recently in the case of Our Lady of Guadalupe School v. Morrissey-Berru. Howard Slugh explains:

In Morrissey-Berru, the Court reaffirmed that the First Amendment ensures that religious institutions may decide “free from state interference, matters of church government as well as . . . doctrine.” As the majority opinion noted, this concerned the Founders because, prior to the American Revolution, Britain used its authority to dictate who could serve as religious functionaries in the colonies. For example, in 1771, the British ordered New York to only accept schoolmasters licensed by the bishop of London.

The Supreme Court [thus] determined that, in order to avoid that sort of abuse, the First Amendment prohibited the government from interfering in religious organizations’ decisions regarding their hiring and firing of religious officials. . . . Critics [of the ruling] may concede that, while avoiding such meddling was important in the 1700s and 1800s, it is no longer necessary today. They would claim that the government no longer seeks to control religious doctrine, and therefore the Court can allow some level of government intrusion into internal religious affairs.

The critics are incorrect for two main reasons. First, that is simply not how law works. Even if the concerns that motivated the First Amendment passed, the Court cannot unilaterally weaken the First Amendment’s protections. Only Congress and the American people, acting through the proper procedures, can amend the Constitution. Second, the critics are also wrong about the facts; government entities in the United States still threaten to impose their religious orthodoxy on dissenting groups. The protections of the First Amendment remain as necessary now as they ever were in the past.

In . . . 2014, the city of Houston issued a subpoena demanding religious leaders’ sermons relating to “homosexuality” or “gender identity.” The city eventually relented, and the subpoenas’ purpose is disputed, but their breadth and intrusiveness remain chilling. Over the last century, the government has expanded to the point where it now touches nearly every area in American life. As the reach of the state has grown, so has its capacity to impose its views on religious dissenters.

Read more at Newsweek

More about: American founders, First Amendment, Freedom of Religion, Supreme Court

After Taking Steps toward Reconciliation, Turkey Has Again Turned on Israel

“The Israeli government, blinded by Zionist delusions, seizes not only the UN Security Council but all structures whose mission is to protect peace, human rights, freedom of the press, and democracy,” declared the Turkish president Recep Tayyip Erdogan in a speech on Wednesday. Such over-the-top anti-Israel rhetoric has become par for the course from the Turkish head of state since Hamas’s attack on Israel last year, after which relations between Jerusalem and Ankara have been in what Hay Eytan Cohen Yanarocak describes as “free fall.”

While Erdogan has always treated Israel with a measure of hostility, the past few years had seen steps to reconciliation. Yanarocak explains this sharp change of direction, which is about much more than the situation in Gaza:

The losses at the March 31, 2024 Turkish municipal elections were an unbearable blow for Erdoğan. . . . In retrospect it appears that Erdoğan’s previous willingness to continue trade relations with Israel pushed some of his once-loyal supporters toward other Islamist political parties, such as the New Welfare Party. To counter this trend, Erdoğan halted trade relations, aiming to neutralize one of the key political tools available to his Islamist rivals.

Unsurprisingly, this decision had a negative impact on Turkish [companies] engaged in trade with Israel. To maintain their long-standing trade relationships, these companies found alternative ways to conduct business through intermediary Mediterranean ports.

The government in Ankara also appears to be concerned about the changing balance of power in the region. The weakening of Iran and Hizballah could create an unfavorable situation for the Assad regime in Syria, [empowering Turkish separatists there]. While Ankara is not fond of the mullahs, its core concern remains Iran’s territorial integrity. From Turkey’s perspective, the disintegration of Iran could set a dangerous precedent for secessionists within its own borders.

Read more at Jerusalem Institute for Strategy and Security

More about: Iran, Israel diplomacy, Recep Tayyip Erdoğan, Turkey