Losing to religion

Created
Tue, 20/06/2023 - 05:00
Updated
Tue, 20/06/2023 - 05:00
From law professor Xiao Wang in the LA Times: Looking for a federal law to be declared unconstitutional? Religion may well be your best bet — and that’s true regardless of how “real” your religious beliefs are. That’s part of the thinking behind one case the Supreme Court heard this session and will resolve soon. In 303 Creative vs. Elenis, the court is considering the constitutionality of a Colorado statute prohibiting most businesses from discriminating against LGBTQ+ customers. Lori Smith, a Christian webpage designer, had wanted to expand into the wedding website business — but only for opposite-sex couples, a plan that would have violated the Colorado law at issue. Her lawyers made the case on free speech grounds, but given Smith’s religious beliefs, “religious freedom” represents an undeniable backdrop to the suit. The 303 Creative case is no outlier. Religion-based claims have proliferated in recent years, and plaintiffs have often won because courts have almost invariably found their religious beliefs to be sincerely held. Meanwhile, the burden of proof for the government — that it is not unduly interfering in religious practice — has become much harder to prove. A string of recent Supreme Court cases demonstrates how religion offers litigants a ready path to disobey laws without consequence. In the 2021-22 term alone, the Supreme Court decided several high-profile cases that affirmed religion’s supremacy. In Kennedy vs. Bremerton School District, the justices determined that a high school football coach could not be placed on leave for violating a rule…