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4 important SCOTUS cases for life and religious liberty

Looking back and looking ahead

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July 28, 2021

The ERLC engages our culture with the gospel of Jesus Christ in the public square to protect religious liberty and promote human flourishing. 

One of the ways we do this is by advocating for these things before the Supreme Court. The most recent term of the court contained some important cases that advanced the cause of religious liberty in the United States. Additionally, the court has granted cert (agreed to hear the case) for some important cases pertaining to the issue of life and religious liberty next term. 

SCOTUS: Looking back to last term

Below are a few cases of importance from the previous term that were wins for religious liberty.

Fulton v. City of Philadelphia

In June, the Supreme Court unanimously ruled in Fulton v. City of Philadelphia that faith-based foster care and adoption providers such as Catholic Social Services in Philadelphia can continue serving children and families according to their convictions. The ERLC called the decision a “decisive win for religious liberty” when it was announced.

In 2018, a reporter from the Philadelphia Inquirer informed the City of Philadelphia’s Department of Human Services that two of its private foster care agencies, including CSS, would not work with same-sex couples as foster parents. The city investigated the allegation, which it considered a violation of the City’s anti-discrimination laws. When the agencies confirmed their religious views on marriage as essential for placement — although no same-sex couple had ever attempted to partner with CSS — the department ceased referring foster children to them and demanded they change their religious practices or close down their ministries. 

The plaintiffs in this case were Sharonell Fulton and Toni Simms-Busch, foster moms who wanted to continue caring for children in need. Fulton and Simms-Busch filed a lawsuit on behalf of CSS claiming the Philadelphia government had violated their rights under the First Amendment’s Free Exercise, Establishment, and Free Speech Clauses, as well as under Pennsylvania’s Religious Freedom Protection Act. The lawsuit asked the courts for an order requiring the city government to renew their contractual relationship while permitting CSS to maintain their religious convictions. In July 2018, the district court denied the request, and the case was immediately appealed to the Third Circuit Court of Appeals. However, the court ruled against CSS and refused to protect the agency while its litigation proceeded to the U.S. Supreme Court. 

The Supreme Court held that the City of Philadelphia infringed Catholic Social Services’ free exercise rights by refusing to renew its contract with CSS on the basis of the City’s agency contract and citywide Fair Practices Ordinance. These ordinances were in conflict with CSS’s core beliefs related to marriage and sexuality, and Philadelphia provided no religious exemption for CSS or groups like CSS.

For further reading:

Uzuegbunam v. Preczewski

In March, the Supreme Court ruled that governments can be held accountable for past violations of First Amendment freedoms. The 8-1 ruling in a case entitled Uzuegbunam et al. v. Preczewski et al. held that a “request for nominal damages” may be used to establish legal standing to address a previous violation of a constitutional right. The ERLC argued “it is a fundamental harm for the state to infringe upon a person’s right to religion or free expression” in its brief submitted to the Court for the case and applauded this decision for affirming that view.

In 2016, Chike Uzuegbunam, then a student at Georgia Gwinnett College, talked with interested students about his Christian faith and distributed literature on campus grounds. A campus police officer approached Uzuegbunam and informed him that the college had a policy in place that prohibited the distribution of religious materials unless they were within two designated free speech areas. 

After acquiring the necessary permit to speak in one of these zones, Uzuegbunam was again asked to stop by the campus police because another policy limited speech within those zones that “disturbs the peace and/or comfort of person(s).” The officer told Uzuegbunam that his speech violated these policies and threatened him with disciplinary action should he continue. Due to these events, both Uzuegbunam and another student who shared Uzuegbunam’s faith, Joseph Bradford, stopped speaking about their faith in these so-called “free speech” areas.

Both Uzuegbunam and Bradford sued college officials for enforcing these policies, arguing that the restrictions constituted a violation of their rights under the First Amendment. The students sought both injunctive relief and nominal damages. The request for injunctive relief — a legal order that would suspend the policy — was dismissed as college officials chose to discontinue their policies rather than defend them. However, the students continued to press their claim for nominal damages — a small sum of money sought in order to secure a legal judgement in a case — which was heard before the Supreme Court in January of this year.

This case is an important case in the areas of free speech and the free exercise of religion in an area with little case law on this topic — college campuses. As a public university, Georgia Gwinnett College should have allowed Uzuegbunam to express his views freely. Instead, they sought to deny his First Amendment right to free speech until he graduated, at which point they changed their policies and argued that the case should be dismissed as moot (i.e., dismissed by the court because the policy has been rescinded and there was therefore no longer a live controversy between the parties). In requesting “nominal damages,” Uzuegbunam argued the university should not escape accountability and retain the ability to restore the problematic policies after his graduation. 

Students like Uzuegbunam do not give up their civil liberties when they decide to attend public colleges and universities. Until now, these schools were able to infringe the rights of students through these controversial policies, only to change the policy at the eleventh hour or wait for the student’s graduation. Uzuegbunam’s case will allow the federal courts to provide relief for students for the first time.

For further reading:

SCOTUS: Looking ahead

Below are a few cases that the Supreme Court has granted cert on and will hear oral arguments on this autumn. These cases could have major implications on the issue of life and religious liberty.

Dobbs v. Jackson Women’s Health Organization

In mid-May, the Supreme Court granted cert on a case reviewing a Mississippi law that would replace the ‘viability standard’ with a limit on abortions after 15 weeks of pregnancy. The issue the court will be deciding is whether pre-viability prohibitions on elective abortions are unconstitional.

Mississippi passed a law in 2018 titled the “Gestational Age Act,” prohibiting abortions after 15 weeks except in a medical emergency and in cases of severe fetal abnormality. According to the findings in the legislation, “an unborn human being’s vital organs begin to function at ten weeks’ gestation. Hair, fingernails, and toenails also begin to form.” And “at twelve weeks’ gestation, an unborn human being can open and close his or her fingers, starts to make sucking motions, and senses stimulation from the world outside the womb.” 

A doctor with Jackson Women’s Health Organization filed a lawsuit in federal district court challenging the law and requesting an emergency temporary restraining order (TRO). A district court enjoined Mississippi from enforcing the law, finding that the state had not provided evidence that a fetus would be viable at 15 weeks. Additionally, the district court believed that the Supreme Court precedent prohibits states from banning abortions prior to viability. The decision in this case could have implications for the protections of the unborn.

Oral arguments for the Dobbs vs. Jackson Women’s Health Organization case will be scheduled for later this term.

For further reading:

Carson v. Makin

According to the facts of this case, “The State of Maine relies on local school administrative units (SAUs) to ensure that every school-age child in the state has access to a free education. To be an “approved” school, a private school must meet the state’s compulsory attendance requirements, and it must be “nonsectarian in accordance with the First Amendment.”

Three families sent their children to private schools that are accredited but do not meet the nonsectarian requirement because they are religiously affiliated. The schools aren’t approved by the State of Maine, and the families did not qualify for tuition assistance. They filed a lawsuit stating that nonsectarian” requirement violates the Constitution on its face and as applied.

The question this case will be deciding is whether the state violates Religion Clauses or the Equal Protection Clause by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious instruction.

Oral arguments for the Carson v. Makin case will be this October.

For further reading:

ERLC and coalition of religious liberty organizations file brief before the U.S. Supreme Court requesting protection against unconsitutional discrimination against religious entities

Arlene’s Flowers

Lastly, it’s important to note that the Supreme Court refused to grant cert to Arlene’s Flowers.

In 2013, Barronelle Stutzman, the owner of Arlene’s Flowers in Richland, Washington, made news for refusing to provide flowers for a same-sex marriage. While she never refused to provide flowers for her LGBT customers, Stutzman’s conscience would not allow her to use her artistic gifts in a way that would celebrate something that she believed was wrong. 

Forcing Stutzman to make flowers for the celebration of a same-sex marriage is, in essence, a form of compelled speech, which violates her freedom of speech and religion. Her case has been circulating in the courts for years. Here is a helpful timeline from Alliance Defending Freedom, the organization representing Barronelle, 

“In July 2017, ADF petitioned the U.S. Supreme Court to take up Barronelle’s case. In June 2018, the Court sent the case back to the Washington Supreme Court, after vacating that court’s decision and instructing it to reconsider her lawsuit in light of the decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission.

In June 2019, the Washington Supreme Court ruled against Barronelle a second time. ADF attorneys have once again asked the U.S. Supreme Court to take her case.”

It is extremely disheartening that the Supreme Court declined to grant cert to this important case.

For further reading:

While we’ve worked diligently and pray earnestly that the Supreme Court will make decisions that uphold life, religious liberty, and the freedom of conscience, we ultimately place our trust in God to fulfil his plans and use the work of the ERLC along the way. As the psalmist declares, “Some trust in chariots and some in horses, but we trust in the name of the LORD our God” (Psa. 20:7 NIV).

Chelsea Sobolik

Chelsea Sobolik serves as the Director of Public Policy with the Ethics and Religious Liberty Commission in the Washington, D.C. office. Previously, she worked on Capitol Hill on pro-life policies, domestic and international religious freedom, adoption, and foster care issues. Chelsea has been published at the Wall Street Journal, USA … Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24