In Courts Across America, Religious Liberty Is on the Docket in 2023

Religious liberty will be a hot-button issue in American courts in 2023, with several cases in particular that could set important precedent for the rights of religious Americans in the future, according to lawyers who spoke with the Daily Caller News Foundation.

Due to Supreme Court cases like Kennedy v. Bremerton High School, regarding education employees’ rights to pray at school, or Carson v. Makin, where the court ruled that public funding could be used for students attending religious schools, religious freedom was often at the center of debate last year. While debates regarding religious freedom and its limits are nothing new, several upcoming legal battles are posed to restructure the debate regarding religious rights at school, in the workplace and in the medical field, the attorneys said.

“If you have a sort of totalitarian regime come in the one thing it can never allow is the citizens to hold an allegiance to one higher than the government,” Kelly Shackelford, president and CEO of First Liberty Institute (FLI), told the DCNF. “So whenever that type of oppression comes in it tends to be that the first flashpoint is almost always a religious freedom issue and if you lose there that’s just a beginning of the dominoes that are going to fall.”

The Supreme Court’s overturning of Roe v. Wade in 2022 sparked conflicts with religious medical professionals after many workplaces decided to offer abortion or contraceptive services, often without the possibility of religious exemption, according to First Liberty Institute. Shackelford told DCNF that abortion-related issues were the highest growth area for religious liberty lawsuits. (Read more from “In Courts Across America, Religious Liberty Is on the Docket in 2023” HERE)

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