Lovers of religious liberty throughout the United States wait with bated breath as U.S. Supreme Court nominee Brett M Kavanaugh navigates the confirmation process. Kavanaugh, a judge on the U.S. Court of Appeals for the District of Columbia Circuit indicated that there have been high court decisions “where I think the Supreme Court has recognized the importance of religious liberty in the United States.”
As an example, he cited Good News Club v. Milford Central School, a 2001 decision in which the court held that when a government operates a “limited public forum,” it may not discriminate against speech that takes place within that forum on the basis of the viewpoint it expresses—in this case, against religious speech engaged in by an evangelical Christian club for children. Kavanaugh co-wrote a brief in that case in support of the religious club.
During the questioning, Kavanaugh also cited Town of Greece v. Galloway, a ruling that decided the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs were Susan Galloway and Linda Stephens, represented by Americans United for Separation of Church and State. They argued that the prayers violate the Establishment Clause of the First Amendment to the United States Constitution. The United States Court of Appeals for the Second Circuit ruled against the town, and on May 20, 2013, the Supreme Court agreed to rule on the issue. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece, and that the town’s practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment.
“Religious speech is entitled to a place in the public square and not to be discriminated against,” Kavanaugh said. “So I think there have been some developments… on religious equality and religious liberty that are important.”
Appearing before the Senate Judiciary Committee Kavanaugh said, “Religious speech is entitled to a place in the public square and not to be discriminated against.”
As he stated repeatedly during the confirmation hearings, Kavanaugh intends to be- and believes he has proven himself to be – an independent thinker who will uphold the constitution regardless of his personal opinions. For some politically conservative pundits, this is not far enough to the right and, as could be expected, those on the left fear that another conservative voice on the court will undo what they see as years of struggle to bring the court in line with liberal and progressive values.
Leaning right or left, most agree that Kavanaugh is likely to be a voice in support of religious liberty since he seems to see those liberties as being founded in the U.S. Constitution.
By: Steven Bowcut
