In his first week on the Supreme Court, newly sworn-in Justice Neil Gorsuch will hear oral arguments in an important religious liberty case, Trinity Lutheran v. Comer, which asks whether the First Amendment’s Free Exercise Clause compels states to provide public money directly to churches, report Dahlia Lithwick and Camille Mott.
“Both sides in the case argue disastrous consequences will follow if the court rules against them. Religious groups contend that important social services… will be forced to shut down if Trinity Lutheran loses, while the state’s supporters caution a win for the church will erode the wall between church and state,” say Lithwick and Mott.
Gorsuch is an avowed defender of religious freedom and some are concerned that the court took the case in order to rule in favor of Trinity Lutheran Church.
Holly Hollman, general counsel for the Baptist Joint Committee for Religious Liberty, joined Dahlia Lithwick to discuss the amicus brief she filed in the case, “which argues that religious institutions are actually freer if they are barred from accepting government funds,” and why the separation of church and state does not equal religious discrimination.
There’s no one better writing about law and SCOTUS than Dahlia Lithwick.