What will be the future of religious freedom in America since the confirmation of (now) Justice Kavanaugh to the Supreme Court? It’s uncertain, no matter what anyone has read, but it’s clear that Justice Kavanaugh is an advocate for it.
People need to understand that the conformation doesn’t necessarily mean anything one way or the other. If anyone has been paying attention, with that confirmation, the Trump administration has placed 69 judges into the federal system. In less than 2 years and that seems to be a priority of the (now) Republican majority.
Will we be reading about rulings that violate church/state separation based on past cases? doubtful, but it’s possible that new cases coming forward may blur the line as it did in the Masterpiece Cake Shop decision earlier this year. Of course, the religious right took that decision to be a victory, but it was actually very narrow in scope and only applied to that specific case, but how will lower courts attempt to interpret that in the future and will that mean we see, in the next few years, more cases like that being heard by SCOTUS?
I tend to believe that even though the court leans to the right currently, that they are not going to overturn any precedent and that lower courts will also be very careful as to how they view any new cases coming forward. It will be interesting to watch.
I believe in religious freedom. Yes, I would like to see all religion disappear but that’s never going to happen and if people want to believe in fairy tales, that’s their right in this country. What we often forget about the 1st Amendment and religion is that it’s more than the Establishment Clause, but it also guarantees the free exercise thereof which depending on the court could be interpreted as was done in the Masterpiece ruling.
We should be cognizant of everyone’s rights, which of course are not guaranteed anywhere else. We can advocate for separation, and we should, but we need to know that the religious, too, have rights and where it’s appropriate, stand up for those people as well.