Faith Schools Get GREEN LIGHT?

The Supreme Court is set to deliberate on three pivotal cases that could redefine the boundaries of religious liberty in the United States.

At a Glance

  • Wisconsin’s Catholic Charities Bureau seeks exemption from state unemployment taxes, citing religious affiliation
  • Oklahoma’s St. Isidore of Seville Catholic School aims to become the first publicly funded religious charter school
  • Maryland parents challenge LGBTQ+ curriculum content, citing violation of religious rights
  • Historic Supreme Court rulings like Reynolds and Cantwell remain influential precedents
  • The Roberts Court’s decisions may reshape religious freedom law in modern America

Historic Cases and Their Influence

The Supreme Court’s upcoming decisions are rooted in key legal precedents regarding First Amendment religious protections. In Reynolds v. United States (1879), the Court upheld a federal ban on bigamy, asserting that while religious beliefs are protected, illegal acts motivated by those beliefs are not. This case established a critical distinction between belief and conduct.

Cantwell v. Connecticut (1940) furthered these protections by applying the Free Exercise Clause to the states, affirming the rights of Jehovah’s Witnesses to solicit for their faith and defining limits on government interference in religious expression. Then, Everson v. Board of Education (1947) reinforced the Establishment Clause’s application to state governments, emphasizing a strict separation of church and state, influenced by Justice Hugo Black’s metaphor of a “wall of separation.”

Watch CBS News’ full breakdown of the Supreme Court’s current docket on religious liberty.

Current Challenges: The Roberts Court Cases

This term, the Court is hearing three major cases that could significantly reshape the relationship between government and religion:

  • In Catholic Charities Bureau v. Wisconsin, the nonprofit seeks exemption from paying state unemployment taxes, arguing its religious affiliation makes it a church-operated ministry. Wisconsin contends the group’s primary activities are secular, not liturgical, and therefore not exempt. Reuters outlines the case here. 
  • In Oklahoma, St. Isidore of Seville Catholic Virtual School seeks to become the country’s first taxpayer-funded religious charter school. The case challenges the requirement that public schools remain secular, raising constitutional questions about public money and religious instruction. Reuters details the controversy. 
  • In Maryland, a group of parents is suing the state after being denied the right to opt their children out of LGBTQ+ content in public school curricula. They argue this infringes on both their religious beliefs and parental rights. This case highlights the conflict between civil rights education and religious doctrine. More via Reuters.

Implications and Prospective Unity

The implications of these cases extend beyond the courtroom. Supporters see them as aligned with the Founders’ vision of religious freedom, while critics fear favoritism towards majority religions under the Roberts Court. 

Chief Justice Warren Burger noted that opening legislative sessions with prayer is a “tolerable acknowledgment of beliefs widely held,” highlighting the tension between tradition and secular governance. Justice Abe Fortas emphasized the challenge of separating faith from public policy, pointing to issues like the teaching of evolution. 

Each ruling will shape America’s pluralistic identity and influence church-state relations, impacting how religion is treated in schools, workplaces, and public life.