In recent years, the Supreme Court has reshaped jurisprudence on the First Amendment with such cases as Espinoza v. Montana Department of Revenue and Carson v. Makin. Tim Rosenberger and Noam Josse explain what the newly formed precedent might mean for some upcoming religious-freedom cases:
Crucially, the Court affirmed that states cannot discriminate against an institution simply because it intends to put public funds to “religious use”—that is, to offer faith-based programming. As Chief Justice John Roberts wrote in the Carson majority opinion, “the prohibition on status-based discrimination under the Free Exercise Clause is not a permission to engage in use-based discrimination.” Local governments cannot create programs and make them impossible for religious groups to access—by restricting the use of the funds—as a way to get around the Constitution’s protections for people of faith.
The Supreme Court has a chance to build on its recent rulings concerning religion and public life. Three cases currently on its docket are relevant. The first is Catholic Charities Bureau v. Wisconsin. Wisconsin’s state unemployment-insurance system bizarrely asserts that, notwithstanding the organization’s name, Catholic Charities should not be considered a religious organization. If an organization is just “charitable” rather than “religious,” it must fully participate in the state’s unemployment-insurance scheme and cannot enjoy the exemptions afforded to religious entities.
In keeping with the original meaning of the First Amendment, however, the Court can justifiably rule that religious groups engaged in charitable work do not have to lose their religious freedom simply because their ministries serve the public.
More about: American law, First Amendment, Freedom of Religion, Supreme Court