October 2022
The Overseers of American Religion
By Adam J. WhiteThe nation is fighting about religion more than ever. The reason why has as much to do with a change in the nature of the government as it does with a change in the culture.
What are the prospects for religious liberty in America?
Recent events have been rather promising. The Supreme Court finished its year’s work with not just a reversal of Roe v. Wade, but also two major decisions supporting the free exercise of religion. In Carson v. Makin, the Court held that Maine could not exclude religious schools from its tuition assistance program for private-school students, the latest in a string of decisions striking down programs that excluding religious schools from private-school subsidies. And in Kennedy v. Bremerton School District, the Court held that a school district could not prohibit a high-school football coach from praying after games.
Even the most notable recent case, though ominous in its origins, offers reason for optimism. The New York state courts attempted this summer to force Yeshiva University to recognize formally the YU Pride Alliance, notwithstanding the fact that such recognition would be antithetical to Yeshiva University’s religious mission and thus a grave violation of its religious liberty. While the Supreme Court declined to freeze the state courts’ decision preemptively while the case makes its way to the Supreme Court for full review, there still seems every reason to believe that if the Supreme Court does hear the case, it will rule in favor of Yeshiva University, given the court’s recent understanding of the First Amendment. Such a decision from the Supreme Court would reaffirm and reinforce the nation’s commitment to religious liberty.
