The U.S. Supreme Court last week turned heads among religious freedom advocates with action on two pending cases.
In what is viewed by a number of observers as an example of positive deference to church autonomy, the court ruled unanimously in favor of faith-based hospitals. Justice Elena Kagan authored the unanimous opinion.
The decision overruled lower court rulings and respected the relief provided by Congress to church-affiliated plans under the Employment Retirement Income Securities Act.
Walter M. Weber, Senior Counsel for the American Center for Law and Justice, wrote, “The Court did not suggest that it saw even the slightest problem with the notion of an exception for church plans in the first place – which is a very good thing and a significant victory for religious freedom.”
Similarly, Jordan Lorence, Senior Counsel for Alliance Defending Freedom, told the Washington Times that the ruling “grants a very broad view of church autonomy” and “pushes back government regulation of internal church affairs.”
Unfortunately, the court also disappointed religious liberty advocates last week. The justices decided not to hear an appeal for a U.S. Marine court-martialed for posting at her desk a paraphrased Bible verse (“No weapon formed against me shall prosper.” from Isaiah 54:17). Kelly Shackelford, President of First Liberty Institute, which took on the case of Lance Corporal Monifa Sterling, said, “The military court’s outrageous decision means federal judges and military officials can strip our service members of their constitutional rights.”