The Courts, Religion, and Rights

Beyond religious bakers and florists, we are beginning to see how religion cases in the Supreme Court are pitting religious liberty interests against civil rights — such as religious adherents objecting to COVID restrictions, and religious schools that require staff to comply with religious beliefs. Rather than being resolved by the political process, the Court will be making these decisions for the foreseeable future. One question that is largely unanswerable is whether a Justice’s own religious beliefs affect their jurisprudence.

Dahlia Lithwick lays out what the constitution says about religion, how the court is deciding those cases, whether a Justice’s religion shapes that doctrine, and considers whether American citizenship has a place for non-lawyers and non-judges in that debate.

NOTE: This program was part of our Summer 2021 Virtual Symposium,  Torah of Possibility for an Uncertain Future