Religious freedom in the US: Supreme Court could hear these cases

The U.S. Supreme Court will begin its October term in less than a week, and several lawsuits related to the First Amendment’s guarantee of religious freedom could make it to the docket.

Although the nation’s highest court did not consider any religious freedom cases in its last term and has not yet committed to hearing any in the next term, several lawsuits touching on the issue have been appealed to the court. For a lawsuit to be placed on the docket, four of the nine judges must agree to hear the case.

Religious freedom in the classroom

The highest-profile religious freedom case being appealed to the Supreme Court concerns religious freedom and parental rights in the classroom. The case, Mahmoud v. Taylorseeks to protect the right of parents to exclude their children from courses that conflict with their religious beliefs.

Catholic, Orthodox and Muslim parents are suing the Montgomery County, Maryland Board of Education for not allowing parents to exclude their children from course material that promotes homosexuality, transgenderism and other elements of gender ideology. The parents they argue that the curriculum, which includes reading material for 3- and 4-year-olds, violates their First Amendment right to direct their children’s religious education.

The parents are represented by the Becket Fund for Religious Freedom. The Fourth Circuit Court of Appeals ruled against the parents, but the attorneys appealed the case to the Supreme Court on September 12.

Catholic and Anglican nuns fight abortion mandate in New York

A coalition of Christian religious organizations, including Catholic and Anglican nuns, is suing New York state over a regulation designed to force organizations to cover abortions in their health care plans. The case, Diocese of Albany v. (Adrienne) Harrisargues that organizations should be exempt from the mandate on religious freedom grounds.

The regulation, issued by the New York Department of Financial Services, requires health insurance plans to cover “medically necessary” abortions. Although it includes a limited religious exemption, the strict criteria to qualify for that exemption may not apply to all religious groups, according to the lawsuit.

In 2020, the Supreme Court ruled in favor of the Little Sisters of the Poor when they challenged a similar regulation at the federal level. However, that ruling was partially based on religious freedom protections in the Religious Freedom Restoration Act, which only applies to federal regulations. Although the same First Amendment concerns are at play, New York religious women cannot rely on the Religious Freedom Restoration Act to win their case.

The coalition is also represented by the Becket Fund for Religious Freedom. The New York Court of Appeals, the state’s highest court, ruled that the mandate does not infringe on religious freedom. The lawyers appealed the case to the Supreme Court on September 17.

Whether a Wisconsin Catholic Charity is a “Religious” Organization

A Wisconsin-based Catholic charity is suing its state’s Labor and Industry Review Commission after officials removed its designation as a religious organization, deciding instead that its mission is not primarily religious in nature.

The commission removed the religious designation from Catholic Charities’ office because it says the organization is not “operated primarily for religious purposes.” That decision prevents the charity from using a church-run unemployment system and forces it to use the state system instead. According to their lawyers, the designation decision could also set a dangerous precedent that could lead to other religious freedom exemptions being denied to faith-based charities.

In the case of the Office of Catholic Charities v. Wisconsin Labor and Industry Review Commissionthe charity argues that its charitable functions, such as serving the poor, the disabled and the elderly, are part of the life of the Catholic faith. The commission stated that because the charity serves people of all faiths and does not focus on evangelism, it does not qualify as a religious organization.

The charity is also represented by the Becket Fund for Religious Freedom. An appeals court ruled against the charity and lawyers appealed the case to the Supreme Court on September 17.

Other possible Supreme Court cases

Some other religious freedom cases could also reach the Supreme Court.

one case, Landor v. Louisiana Department of Correctionswould determine whether a prisoner could claim monetary damages for violations of his religious freedom. Damon Landor, a Rastafarian, had his hair forcibly cut while in custody, even though keeping his hair in dreadlocks is part of his religious practice.

In another case, Young Israel of Tampa v. Hillsborough Area Regional Transit Authoritya Jewish group is challenging a local ban on religious advertising on public transportation.

Another appeal, in the case Apache Stronghold vs. the United Statesseeks to prevent the federal government from transferring ownership of a sacred Apache site to a British-Australian mining company.

Translated and adapted by the ACI Prensa team. Originally published in CNA.