U.S. Supreme Court Protects Religious Liberty in Three Recent Decisions

Religious Organizations Able to Participate in Government Programs
On June 30, the U.S. Supreme Court issued a 5-4 decision in the case of  Espinoza v. Montana Department of Revenue, upholding a tax-credit scholarship program in Montana. The Montana Supreme Court invalidated the program as a violation of the "Blaine Amendment" against aid to religious schools in its state constitution, because families benefiting include those who choose to send their children to religiously-affiliated schools.

Archbishop Thomas G. Wenski of Miami, FCCB president and chairman of the USCCB Committee for Religious Liberty, and Bishop Michael C. Barber, S.J. of Oakland, chairman of the USCCB Committee on Catholic Education, praised the decision in a  statement. "The Court has rightly ruled that the U.S. Constitution does not permit states to discriminate against religion.This decision means that religious persons and organizations can, like everyone else, participate in government programs that are open to all."

The bishops also addressed the anti-Catholic history of Blaine Amendments, which are in 37 state constitutions, stating, "They were never meant to ensure government neutrality towards religion, but were expressions of hostility toward the Catholic Church. We are grateful that the Supreme Court has taken an important step that will help bring an end to this shameful legacy."

While Florida's constitution contains a similar provision, current state scholarship programs successfully allow participants to choose the best school for their children even when those schools are religiously affiliated.

Preserving the Religious Liberty of the Little Sisters
On July 8, the Supreme Court ruled in favor of the Little Sisters of the Poor against attempts to force Catholic religious to cooperate with immoral activities. In a 7-2 decision, the Court recognized their right to religious freedom.

"This is a saga that did not need to occur. Contraception is not health care, and the government should never have mandated that employers provide it in the first place," said Archbishop Wenski and Archbishop Joseph F. Naumann of Kansas City in Kansas, chairman of the Committee on Pro-Life Activities, in a  statement. "Time after time, administrators and attorneys refused to respect the rights of the Little Sisters of the Poor, and the Catholic faith they exemplify, to operate in accordance with the truth about sex and the human person."

Right of the Church to Choose Its Own Ministers
Also on July 8, the Supreme Court issued its decision in the consolidated cases of  Our Lady of Guadalupe School v.  Morrissey-Berru and  St. James School v. Biel. These cases involved the right of Catholic schools, free of government interference, to choose teachers who will teach and model the Catholic faith. In a 7-2 decision, the Court ruled in favor of the schools.

"As institutions carrying out a ministry of the Church, Catholic schools have a right, recognized by the Constitution, to select people who will perform ministry. The government has no authority to second-guess those ministerial decisions," Archbishop Wenski and Bishop Barber said in  statement welcoming the decision.