March 5, 2019

IF IT'S NONDENOMINATIONAL IT CAN'T BE ESTABLISHMENT:

Kavanaugh Comes Out Strong for Religious Liberty in Comment (Charles Fain Lehman, March 4, 2019, Free Beacon)

[I]n a statement regarding the denial of certiorari, Kavanaugh and colleagues Justices Alito and Gorsuch made clear that they thought the general principle of religious non-discrimination was a well-supported and important one.

"The New Jersey Supreme Court concluded that the State's discrimination [in blocking funding] did not violate the First and Fourteenth Amendments," Kavanaugh wrote. "In my view, the decision of the New Jersey Supreme Court is in serious tension with this Court's religious equality precedents."

Kavanaugh traces this basic principle--that churches cannot be treated differently simply by dint of religious affiliation--to a bevy of cases on everything from prohibiting ministers from serving as delegates to a constitutional convention, to a New York school district that sought to deny a religious group use of a public high school, to the recent religious liberty win in Trinity Lutheran v. Comer, in which the court found that a Lutheran church could not be excluded from receiving public funding for refurbishing its playground.

"As this Court has repeatedly held, governmental discrimination against religion--in particular, discrimination against religious persons, religious organizations, and religious speech--violates the Free Exercise Clause and the Equal Protection Clause," he wrote.



Posted by at March 5, 2019 3:57 AM

  

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