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

 

Israel’s Syria Strategy in a Changing Middle East

In a momentous meeting with the Syrian president Ahmed al-Sharaa in Riyadh, President Trump announced that he is lifting sanctions on the beleaguered and war-torn country. On the one hand, Sharaa is an alumnus of Islamic State and al-Qaeda, who came to power as commander of Hayat Tahrir al-Sham (HTS), which itself began life as al-Qaeda’s Syrian offshoot; he also seems to enjoy the support of Qatar. On the other hand, he overthrew the Assad regime—a feat made possible by the battering Israel delivered to Hizballah—greatly improving Jerusalem’s strategic position, and ending one of the world’s most atrocious and brutal tyrannies. President Trump also announced that he hopes Syria will join the Abraham Accords.

This analysis by Eran Lerman was published a few days ago, and in some respects is already out of date, but more than anything else I’ve read it helps to make sense of Israel’s strategic position vis-à-vis Syria.

Israel’s primary security interest lies in defending against worst-case scenarios, particularly the potential collapse of the Syrian state or its transformation into an actively hostile force backed by a significant Turkish presence (considering that the Turkish military is the second largest in NATO) with all that this would imply. Hence the need to bolster the new buffer zone—not for territorial gain, but as a vital shield and guarantee against dangerous developments. Continued airstrikes aimed at diminishing the residual components of strategic military capabilities inherited from the Assad regime are essential.

At the same time, there is a need to create conditions that would enable those in Damascus who wish to reject the reduction of their once-proud country into a Turkish satrapy. Sharaa’s efforts to establish his legitimacy, including his visit to Paris and outreach to the U.S., other European nations, and key Gulf countries, may generate positive leverage in this regard. Israel’s role is to demonstrate through daily actions the severe costs of acceding to Recep Tayyip Erdogan’s ambitions and accepting Turkish hegemony.

Israel should also assist those in Syria (and beyond: this may have an effect in Lebanon as well) who look to it as a strategic anchor in the region. The Druze in Syria—backed by their brethren in Israel—have openly expressed this expectation, breaking decades of loyalty to the central power in Damascus over their obligation to their kith and kin.

Read more at Jerusalem Institute for Strategy and Security

More about: Donald Trump, Israeli Security, Syria, U.S. Foreign policy