In the recent Supreme Court decision in Trinity Lutheran v. Comer, the newest member of the court, Justice Neil Gorsuch, felt compelled to qualify his endorsement of the majority opinion. Learn what his is opinion on the matter is by visiting FirstLiberty.org/Briefing.
Recently, we discussed the Supreme Court’s decision in Trinity Lutheran v. Comer. Chief Justice Roberts declared it “odious to the constitution” for the state to prevent a church from participating in a public benefit merely because of its religious status.
The newest member of the court, Justice Neil Gorsuch, felt compelled to qualify his endorsement of the majority opinion. In his concurring opinion, Justice Gorsuch suggests removing the false distinction between religious statusand religious use. As an example, he asks, “Does a religious man say grace before dinner? Or does a man begin his meal in a religious manner?” The same facts could be described in the same way, but, under the court’s decision, only one is protected.
Justice Gorsuch reveals that he believes that the First Amendment protects more than religious status when he writes, “Neither do I see why the First Amendment’s Free Exercise should care.” Whether status or use, the point of the First Amendment is to protect religious exercise. He says, “I don’t see why it should matter whether we describe that benefit, say, as closed to Lutherans (status) or closed to people who do Lutheran things (use). It is free exercise either way.”
It’s good to see the newest member of the court thinking so clearly. The First Amendment should protect the free exercise of religion, regardless of status or use.