Three religious freedom cases provide constitutionalists with some hope. In a year beset by disappointing decisions from the Supreme Court, a trio of religious liberty cases decided this term provides constitutionalists with some hope. Let’s review: Little Sisters of the Poor v. Pennsylvania The Little Sisters of the Poor need no introduction. This order of female Catholics has been serving the elderly in 30 countries for more than 175 years. Although the Little Sisters seem like an unlikely target, the order has been in the crosshairs of one government or another for nearly a decade. In a 7-2 decision written by Justice Clarence Thomas, the Supreme Court held that the federal government had the authority to exempt the Little Sisters from its “birth control mandate.” Sadly, the legal battle may not be at an end for the Little Sisters. The case likely will go forward on other grounds, but the court strongly implied that the Religious Freedom and Restoration Act (“RFRA”) would operate to protect the conscience rights of the Little Sisters. That statute, the court explained, “provides very broad protection for religious liberty.” It forbids the government from substantially burdening a person’s exercise of religion unless the government […]
