Espinoza, lady of guadalupe, and little sisters of the poor on religious liberty

Abstract

Three major cases this year address the emerging redefinition of the religion clauses of the First Amendment and the constitutional meaning of the separation of church and state. In a string of recent rulings on the interplay of the Establishment and Free Exercise Clauses, the Court has ruled that religious organizations cannot be excluded from funding awarded to similar secular groups (Trinity Lutheran in 2017); that states cannot show hostility toward religious citizens (Masterpiece Cakeshop in 2018); and that historical religious monuments do not violate the Establishment Clause (American Legion in 2019). Espinoza, Lady of Guadalupe, and Little Sisters of the Poor ask whether religious liberty will be expanded further or whether states can exclude religious schools from scholarship programs offered to secular private schools, regulate employment decisions of religious schools, or mandate contraceptive coverage in health plans for religious institutions.

Department(s)

Political Science and Philosophy

Document Type

Article

DOI

10.1007/978-3-030-53851-4_5

Publication Date

11-7-2020

Journal Title

Scotus 2020 Major Decisions and Developments of the U S Supreme Court

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