As America is becoming more religiously diverse and secular, the Supreme Court has handed victory after victory to religious petitioners seeking more voice, money and access in the public square
and found the change has been most dramatic under the leadership era of Chief Justice John G. Roberts Jr., which began in 2005.
Kim Colby, director of the Center for Law and Religious Freedom at the Christian Legal Society, said a “corrective” has been needed since the 1980s when it comes to Christians. “No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever ... nor shall otherwise suffer on account of his religious opinions or belief,” the Virginia statute reads.“Nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed,” Madison wrote.While the majority points to “history,” experts disagree over which founders to emphasize and how to understand their words.
“Here, the court seems singularly focused on the coach’s claim,” she said, disregarding impacts on students. Just because prayers were public and players from varying teams joined in, Garnett said, doesn’t mean Kennedy was representing the government or anything official.“I think you first have to recognize there is no legal reason for the court to have taken this case. That decision is part of this newly constituted court’s endeavor to rewrite major areas of constitutional law — and especially defanging the Establishment Clause, making it mean less,” Hollman said.
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