Americans now get to decide which religions we want to protect

When the Supreme Court handed down its decision Monday in Town of Greece v. Galloway, many commentators suggested that it was an overreaction to believe that it would impact religious freedom in America. If anything, they argue, we are all a little bit freer this morning, as the court has moved away from the stifling demand that religious invocations before a town council meeting be limited to “nonsectarian” references, such as the “Almighty” or “addressed only to a generic God.” In a significant shift from earlier case law, Justice Anthony Kennedy wrote that local government “cannot require chaplains to redact the religious content from their message to make it acceptable for the public sphere.” From now on, religious leaders can offer full-throated, unapologetic prayers to the god of their choosing in public meetings. And in language consistent with one of the most speech-protective courts in modern history, Kennedy reminds religious objectors that citizens who “feel excluded or disrespected” by such religious invocations should simply ignore them. “Adults often encounter speech they find disagreeable,” he wrote.

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Abortion, Big Money In Elections, And Eleven Other Huge Cases The Supreme Court Will Hear Next Term

It’s become a cliché at the beginning and end of each Supreme Court term to comment on how important the term is or will be, and how the justices are hearing a myriad of major cases. And certainly after two terms featuring high profile cases on health care, immigration, voting rights and marriage equality — in addition to under the radar decisions blasting worker and consumer rights — there can be little doubt of the Court’s immense power to do harm (and its less frequently exercised power to do good).

The term that begins this fall, however, has the potential to be even more significant that the previous two. By this time next year, fair housing law could be neutered, unions could be hobbled, billionaires could be free to spend millions to put their favorite candidates in office, and the right to choose an abortion could be meaningless. With a wave of their hand, five conservative justices could achieve outcomes that Scott Walker, Rick Perry and Sheldon Adelson could never dream of accomplishing even at the height of their power.

Here’s a taste of what’s at stake in the next Supreme Court term:

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5 Supreme Court Decisions Pandering to Christianity

In these five cases, the Supreme Court dropped the ball on separation of church and state. 

In theory, the Supreme Court is where Americans turn to protect their rights when all else fails. The high court is supposed to be beyond the reach of politics, and more importantly, beyond the reach of popular will. After all, just because many Americans want something doesn’t mean it’s constitutional.

This is true especially in matters of religion. Despite what many Americans believe, the majority does not rule when it comes to religion. Core freedoms depend on no vote. Most people in your town may sincerely believe that compelling students to say Christian prayers or learn creationism in public schools is a desirable – but that doesn’t make it legal.

In the main, the Supreme Court has done a pretty good job of upholding the separation of church and state. The high court has put the brakes on mandatory religious worship in public schools and barred direct tax support of sectarian enterprises.

But the court has made a few missteps along the way. That’s inevitable because as much as we’d like to think that the court is not a political institution, presidents do use the power of appointment to shape the bench, beyond their own terms in office.

Here are five cases where the Supreme Court dropped the ball on separation of church and state.

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Alabama Town Says Church or Jail

Yes, this is what the beginning of a theocracy looks like. A small town in Alabama is forcing individuals charged with misdemeanors to choose between serving time in Jail or time at a Christian only church. Yeah, you read that right.

Starting this week, the city judge [of Bay Minette, Alabama] will implement Operation Restore Our Community (ROC), which gives misdemeanor offenders a choice between fines and jail or a year of Sunday church services. [...]

Pastor Robert Gates told WRKG that the program was a win-win for everyone involved.

"You show me somebody who falls in love with Jesus, and I'll show you a person who won't be a problem to society," he said.

ACLU of Alabama director Olivia Turner called the policy "blatantly unconstitutional."

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