Opinion: The Supreme Court is making religion an all-purpose excuse for ignoring the law (via latimesopinion )
, it postponed the execution of an inmate after he asked, at the 11th hour, that his pastor lay hands on him — despite having previously explicitly disclaimed the same form of relief.last September, the court left in place a New York state court decision requiring Yeshiva University to recognize an LGBTQ+ student group over the school’s purported religious objections. Ruling on technical grounds, the majority directed the university to first seek relief in state court.
But that’s not the full story. Courts aren’t just making it harder for the government in these cases; they’re also making things easier for plaintiffs. Plaintiffs must in theory show that their religious beliefs are sincerely held before strict scrutiny can kick in. This requirement dates to a 1944 decision, United States vs. Ballard, which for many years served as an effective gatekeeper against cries of “religion” casually trumping the law.Today, many claims for “free exercise of religion” arise under the Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act.
This marks a striking difference from other areas of law, in which plaintiffs are frequently unable to meet their burden. For instance, employment discrimination plaintiffs meet their burden just
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