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| The Supreme Court of the United States (JNS) |
So reads the first line of the first amendment to the US constitution in what is known as the Bill of Rights. Religious freedom is
perhaps the most fundamental American right. It is the very reason for our
existence as a nation. A nation founded by people
that were persecuted for their religious beliefs in their country of origin.
That may be the reason it is the very first amendment. The founding fathers understood religious persecution. That is why the US was
established as a secular country. Which separated it from any religious
mandates.
Ironically, I believe that America is a far more religious nation than the nations
of Europe, that actually have official religions. Much of Europe is
progressive. Meaning when there is a conflict between religious values and
whatever the government values at any given moment the religious value is discarded. This is manifested in a number of ways in some European nations. Like anti
Shechita laws. Shechita (Ritual slaughter of a Kosher animal) is a favorite target of animal rights activists.
That doesn’t mean America does not have challenges like
that. Animal rights activists exist here too. But their challenges have been
rebuffed precisely because of the religious rights we are guaranteed.
Progressives have not given up. They continue to throw challenges
our way – believing their sense of values outweighs our religious sense of
values. No doubt believing religious values are based on an archaic book that
no longer has any relevance and may even be unethical by the more enlightened standards of our times.
Unfortunately with respect to values, the direction of this country has
veered leftward in recent years. Contradicting some of our most basic religious values. The Supreme Court has in recent years given way to those
progressive values despite religious objection to them.
Let me be clear. If America is anything, it is about treating everyone equally - and extending civil rights to all.
But when religious and civil rights contradict each other, religious rights should not
be ignored or swept aside.
The most contentious issue along these lines these days is
with respect to the LGBTQ community. A recent supreme
Court decision gave them protection that seemed to infringe on the rights of
religion. The court had decided that no employer can fire
someone based on his sexual orientation or identity. That was an important
victory for the LGBTQ community. Their rights
are now protected. As they should be. Should be everywhere - that is - except in the
religious arena.
For those of us that believe that biblical values are
greater than secular values, it seemed like a loss. Religious rights were being
denied. A homosexual lifestyle is seen
as sinful. And yet if the Supreme Court decision is applied to religious
schools, they will not be able to control who works for them as teachers. A gay individual that is open and proud of the lifestyle
they lead cannot be considers for a teaching position in a religious school. That is a denial of the right by religious
schools to teach their religious values. Which is as much about teachers being role
models as it is about what is on the printed page.
How that wouldn’t undermine the free exercise clause of the
first amendment is a claim that the court’s decision seemed to ignore.
That’s what I thought. But I was wrong. In a 7-2 decision the
Supreme Court actually reaffirmed our First Amendment rights. Religious schools have the right to choose
who they want to hire using their own criteria in doing so. From JNS:
Writing for the 7-2 majority in the combination of cases—St. James School v. Biel and Our Lady of Guadalupe School v. Morrissey-Berrum—Supreme Court Justice Samuel Alito penned, “Religious education is a matter of central importance in Judaism. As explained in briefs submitted by Jewish organizations, the Torah is understood to require Jewish parents to ensure that their children are instructed in the faith. One brief quotes Maimonides’s statement that religious instruction ‘is an obligation of the highest order, entrusted only to a schoolteacher possessing ‘fear of Heaven.’ ”
(The Supreme Court also) upheld exemptions to Affordable Care Act, also known as “Obamacare,” that allowed employers to not give contraceptives to their employees if doing so goes against an employer’s religious beliefs.
This was a blow to those who place secular values on a
higher plane than religious values:
The Jewish Democratic Council of America slammed the decision.
“Today’s #SCOTUS decision on religious freedom sets a dangerous precedent. Schools shouldn’t be allowed to discriminate against teachers and staff, and deny Americans of access to contraception,” tweeted JDCA, with the latter referring to another Supreme Court decision on Wednesday that upheld exemptions to Affordable Care Act, also known as “Obamacare,” that allowed employers to not give contraceptives to their employees if doing so goes against an employer’s religious beliefs.
Thankfully the Supreme Court disagrees. I guess this country is not going to hell in a hand-basket after all. And for the most part,
the values upon which this great nation was founded remain intact.
