This Dark Cloud Is Hanging Over Religious Liberty After the Latest Supreme Court Term
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- Welcome back to News Watch.
As a legal defender of religious liberty,
Luke Goodrich has had a busytime at the Supreme Court.
The Becket attorney seesthis most recent term
as one of tremendous victories,
but that includes one decisionthat forms a dark cloud
for people of faith in the years ahead.
Paul Strand spoke with himThursday about the cases
including the new rulingprotecting the Little Sisters
of the Poor.
- We went up to the Supreme Court once
and the Court basicallytold the government,
surely you can find a way toprovide access to contraception
without using Catholic nuns.
And then the Trumpadministration issued a good rule
that protected the LittleSisters of the Poor.
That should've been the end of the matter.
Unfortunately, the state ofPennsylvania then challenged
the religious protection for the Sisters.
And that went all the wayup to the Supreme Court.
And yesterday, the SupremeCourt in a 7-2 ruling
said that the government had authority
to exempt the LittleSisters and to protect them
from the contraception mandate.
- [Paul] What the LittleSisters now must consider
is how a change in the White House
could take them right back to court.
- Vice President Biden saidtoday he was contemplating
reverting back to theold Obamacare regulation.
But the good thing aboutyesterday's decision,
two justices argue that doing that
would be a clear violation ofreligious freedom protections.
And even in the majorityopinion, there were a number
of bread crumbs so tospeak or foreshadowings
that a new reimposing that old mandate
would probably be an uphill battle.
So maybe that we're notfully out of the woods yet,
but yesterday was a great, great victory
for the Little Sisters of the Poor.
- [Paul] On the flip side,June's ruling in the Bostock case
radically redefined what sex means.
Goodrich warns thatpresents potential problems
as the court has now made firinghomosexuals or transgenders
sex discrimination.
- There are tens of thousandsof religious organizations
across the country thatexpect their employees
to uphold their religiousteachings about human sexuality.
So in one sense, Bostock could green light
a lot more lawsuits by former employees
against religious employers.
So certainly Bostock opens thedoor to a number of lawsuits
that could be troubling toreligious organizations,
but there is still very strong protections
for religious organizations.
And I'm very optimistic
that the Supreme Courtwill recognize the right
and authority of religiousgroups to hire and fire
in accordance withtheir religious mission.
- [Paul] Paul Strand,CBN News, Washington.