SuperCitizen
civic os · v1.0

Religious-liberty law has shifted substantially in recent years. Key Supreme Court decisions:

  • Employment Division v. Smith (1990) held that neutral, generally applicable laws don't require religious exemptions.
  • The Religious Freedom Restoration Act (RFRA, 1993) restored a strict-scrutiny test for federal laws.
  • Burwell v. Hobby Lobby (2014) extended RFRA protections to closely held corporations.
  • Fulton v. Philadelphia (2021) and 303 Creative v. Elenis (2023) expanded religious accommodations.

Ongoing debates include religious exemptions from anti-discrimination laws (especially LGBTQ); religious schools' eligibility for state programs; conscience-based exemptions from medical procedures; and prayer in public schools.

Spectrum of framings

How adherents on each side of the conventional left / center / right spectrum frame this issue — written so each camp would recognize the framing as charitable.

left

Progressives generally favor narrower religious exemptions, especially where they conflict with anti-discrimination laws.

center

Many centrists favor accommodations that respect both religious practice and non-discrimination, often through case-by-case balance.

right

Most conservatives strongly favor robust religious-liberty protections, including for corporations and against anti-discrimination requirements.

Perspectives

Each perspective is presented in terms its advocates would recognize, with the concerns they treat as paramount. None is endorsed.

  • Robust religious-liberty advocates

    Religious liberty is a foundational constitutional commitment. Government should accommodate sincere religious practice except where overriding interests demand otherwise — and broad anti-discrimination laws do not always qualify.

    • Free Exercise protections
    • Religious-school participation in public programs
    • Conscience exemptions
  • Anti-discrimination / non-establishment advocates

    Religious-liberty claims should not become a license to discriminate or impose religious practice on others. Public accommodations and government programs require equal treatment regardless of religious belief.

    • Anti-discrimination protections
    • Establishment Clause limits
    • Equal access regardless of belief
  • Pluralist-balance advocates

    Religious liberty and anti-discrimination both deserve protection. Carefully drawn exemptions that don't eliminate access to services for others can honor both — through narrow tailoring and case-by-case adjudication.

    • Narrow tailoring of exemptions
    • Balancing competing rights
    • Case-by-case adjudication

Voices on this issue8

Commonly-cited public figures who have taken a position on this issue. Grouped by their conventional left/center/right lean. Tap a voice to see their full position record.

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