Column: Evangelicals should thank Trump for protecting their religious liberty – The Oakland Press
Evangelicals who minimize the importance of President Donald Trump's judicial appointments betray a naivete about the perils to religious liberty in the United States, perils that have been growing over the past decade.
Many people, outside of the relatively small group of constitutional law professors and Supreme Court and appeals courts practitioners, may not grasp the sheer number of cases on the religious clauses of the First Amendment that have reached the high court in recent years. Six of these cases illustrate the stakes. (There are scores more religious liberty cases that are resolved in federal district and circuit courts, as clashes between the world of faith and the vast administrative state in the United States accelerate.)
In 2014, in Burwell v. Hobby Lobby Stores , the Supreme Court decided, by a 5-to-4 vote, that the Affordable Care Act's mandate that for-profit corporations supply their employees with contraceptives -- even forms of contraception violating the corporations' owners' beliefs -- was barred by the Religious Freedom Restoration Act. Had the court majority gone the other way, there is no doubt that Hobby Lobby, a company employing 32,000, would have closed. The Green family, who owns that company, was not going to "bend the knee" to the demands of the government had they lost. Justices Anthony Kennedy and Antonin Scalia sided with the company's religious liberty interests.
Also in 2014, in the case Town of Greece v. Galloway, the court -- again by a vote of 5 to 4 and again with Kennedy and Scalia in the majority -- held that a town's practice of opening its town board meetings with a prayer offered by members of the clergy did not violate the Constitution's establishment clause because that practice was consistent with the tradition long followed by Congress and state legislatures. Greece did not discriminate against minority faiths in determining who offered prayers, and the prayers did not coerce participation by anyone. Secular absolutists wanted this and similar practices in other jurisdictions banned.
The court in 2017, by a vote of 7 to 2, ruled in Trinity Lutheran Church of Columbia Inc. v. Comer that excluding religious organizations from aid programs run by governments violates the free exercise clause of the First Amendment. That two members of the court thought religious preschools were banned from state grants to upgrade playgrounds for safety purposes illustrates just how extreme is the anti-religion animus among some within the judiciary.
The court's 2018 ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission upheld the right of a baker to refuse to make a cake for a same-sex wedding, but only because the Colorado Civil Rights Commission seemed hostile toward religion. Don't be misled by the 7-to-2 vote. It was a very close-run decision. Meanwhile, the persecution of the baker by Colorado's extreme anti-faith militants has continued.
The court, also in 2018 and again by a 5-to-4 vote, held in National Institute of Family Life Advocates v. Becerra that a California law violated the First Amendment because it required "pro-life" pregnancy centers to provide notices about the availability of abortion services. These centers are almost always run by faith-based groups. The California law was a "jam down" statute by the anti-pro-life forces dominant in the California legislature, which has moved further to the left in recent years.
The Supreme Court held the line against absurd interpretations of the Constitution's bar on establishment of religion in 2019's American Legion v. American Humanist Association. Although the lower court had ordered the demolition of a large cross that had stood in a public park in Maryland for a century, the court -- voting 7 to 2 -- held that the display and maintenance of such a large memorial by a local government did not violate the establishment clause. Keep in mind the lower court had held exactly the opposite.
Battles over religious liberty continue. The court has recently agreed to review decisions by the U.S. Court of Appeals for the 9th Circuit crucial to the future of religious education. The high court's decision should arrive by June. In this proceeding, the decisions of two Catholic schools -- St. James School in Torrance, Calif., and Our Lady of Guadalupe School in Hermosa Beach. California -- concerning two teachers and whether they could continue to teach at these schools were upheld by trial courts but reversed by two different panels of the 9th Circuit, thought the most liberal circuit court in the country. This is a major free-exercise case that will affect tens of thousands of faith-based schools.
Critics of the president who play down the importance of Trump's judicial appointments make an enormous mistake. For those whose faith is crucial to their lives, "Trump judges" make all the difference in the world.
Hugh Hewitt hosts a nationally syndicated radio show on the Salem Network. The author of 14 books about politics, history and faith, he is also a political analyst for NBC, a professor of law at Chapman University Law School and president of the Nixon Foundation.
Read the original:
Column: Evangelicals should thank Trump for protecting their religious liberty - The Oakland Press
- California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise. - FIRE | Foundation for Individual... - October 13th, 2025 [October 13th, 2025]
- 'Retaliation For Protected First Amendment Activity' - NASA Workers Union Sues Trump Over 'Unlawful' Effort To Strip Collective Bargaining Rights -... - October 13th, 2025 [October 13th, 2025]
- We took the freedom of speech away: On First Amendment, Trump says quiet part out loud - MSNBC News - October 11th, 2025 [October 11th, 2025]
- Opinion: Why NPRs dispute with CPB really is about the First Amendment - current.org - October 11th, 2025 [October 11th, 2025]
- Jane Fonda Helps Revive Committee For The First Amendment - Honolulu Civil Beat - October 11th, 2025 [October 11th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - the-independent.com - October 11th, 2025 [October 11th, 2025]
- Are KY mans Halloween decorations protected by First Amendment? What experts say - Lexington Herald Leader - October 11th, 2025 [October 11th, 2025]
- National Review : The First Amendment Applies to the Doctors Office, Too - Pacific Legal Foundation - October 11th, 2025 [October 11th, 2025]
- Are College GameDay Signs Protected by the First Amendment? - Freedom Forum - October 11th, 2025 [October 11th, 2025]
- Kirk, Kimmel and the First Amendment | Letter to the editor - Mercer Island Reporter - October 11th, 2025 [October 11th, 2025]
- Jimmy Kimmels First Amendment right to be annoying | Andrew D. Hayes - MassLive - October 11th, 2025 [October 11th, 2025]
- Muslim activists cite First Amendment as defense for vandalizing Texas church with anti-Israel graffiti - Christian Post - October 11th, 2025 [October 11th, 2025]
- When Conversion Therapy Meets the First Amendment: A Landmark Case Before the U.S. Supreme Court - ZENIT - English - October 11th, 2025 [October 11th, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Laconia Daily Sun - October 11th, 2025 [October 11th, 2025]
- A Matter of Fact: The gift of the First Amendment - 9News - October 11th, 2025 [October 11th, 2025]
- Rutherford Co. teacher fired for comments about Kirk files First Amendment lawsuit - The Daily News Journal - October 11th, 2025 [October 11th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Conversation - October 9th, 2025 [October 9th, 2025]
- Mary Rose Papandrea Installed as Burchfield Professor of First Amendment and Free Speech Law - GW Today - October 9th, 2025 [October 9th, 2025]
- Supreme Court Weighs First Amendment Challenge to Colorados Ban on Conversion Therapy for Minors - Law Commentary - October 9th, 2025 [October 9th, 2025]
- 'We took the freedom of speech away:' Trump on flag burning protection, First Amendment - USA Today - October 9th, 2025 [October 9th, 2025]
- Jane Fonda heads celebrity-organized Committee for the First Amendment - The Tufts Daily - October 9th, 2025 [October 9th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - The Independent - October 9th, 2025 [October 9th, 2025]
- CAC Release: Colorado Banned Conversion Therapy Because It Is Harmful. That Conversion Therapy is Accomplished Through Speech Does Not Make Colorados... - October 9th, 2025 [October 9th, 2025]
- Board of Health gets updates in wake of First Amendment audit controversy - Hopkinton Independent - October 9th, 2025 [October 9th, 2025]
- A new lawsuit claims the federal government is infringing on first amendment rights | First Listen - NPR Illinois - October 9th, 2025 [October 9th, 2025]
- Letter to the editor: Beware of abridgement of the First Amendment - The Independent Record - October 9th, 2025 [October 9th, 2025]
- NPPA raises First Amendment concerns over largest drone flight ban ever issued in US - Editor and Publisher - October 9th, 2025 [October 9th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - EL OBRERO | Periodismo Transversal - October 9th, 2025 [October 9th, 2025]
- Cancel culture is undermining the First Amendment and the press is helping | Column - Tampa Bay Times - October 7th, 2025 [October 7th, 2025]
- Charlie Kirks Death Has Created New Debates Around The First Amendment - Religion Unplugged - October 7th, 2025 [October 7th, 2025]
- FBI Cuts Ties With Southern Poverty Law Center, Anti-Defamation League After Conservative Complaints - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- How Unique is the First Amendment? featuring Floyd Abrams Harrington School of Communication and Media - The University of Rhode Island - October 7th, 2025 [October 7th, 2025]
- Apple and Google Block Apps That Crowdsource ICE Sightings. Some Warn of Chilling Effects - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- Iconic First Amendment Attorney To Offer Forecast 2026 Keynote - Radio & Television Business Report - October 7th, 2025 [October 7th, 2025]
- Opinion: Local journalism is too important to give up on, and the First Amendment is too important to surrender - Anchorage Daily News - October 7th, 2025 [October 7th, 2025]
- The Trump administration is waging a systematic assault on First Amendment - The Durango Herald - October 7th, 2025 [October 7th, 2025]
- Press, protesters sue Trump administration over First Amendment violations at ICE facility in Broadview - Yahoo - October 7th, 2025 [October 7th, 2025]
- SCOTUS To Consider Whether Conversion Therapy Bans Violate First Amendment - GO Magazine - October 7th, 2025 [October 7th, 2025]
- California educators First Amendment rights face test in wake of Charlie Kirks killing - EdSource - October 4th, 2025 [October 4th, 2025]
- Reagan-Appointed Judge Calls Out Trumps Full-Throated Assault on the First Amendment - Democracy Docket - October 4th, 2025 [October 4th, 2025]
- Federal judge overturns part of Fla. book-ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - Middle... - October 4th, 2025 [October 4th, 2025]
- Senators Blumenthal and Warren on First Amendment and the FCC - C-SPAN - October 4th, 2025 [October 4th, 2025]
- A Word From Legal: Social Media, the First Amendment, and You - Maryland State Education Association - October 4th, 2025 [October 4th, 2025]
- League of Women Voters spotlights First Amendment - Midland Daily News - October 4th, 2025 [October 4th, 2025]
- A grave dancing teacher tests the First Amendment in San Jacinto public schools - Orange County Register - October 4th, 2025 [October 4th, 2025]
- Clemson University being sued, claiming the school violated First Amendment - WLTX - October 4th, 2025 [October 4th, 2025]
- First Amendment invoked in bid to demolish Holy Cross Catholic Church. Here's what historic board decided - IndyStar - October 2nd, 2025 [October 2nd, 2025]
- Is counseling entitled to protection under the First Amendment? - American Psychological Association (APA) - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches Committee for the First Amendment With Support of 550 Celebrities Including Pedro Pascal, Viola Davis and More - Variety - October 2nd, 2025 [October 2nd, 2025]
- US stars back relaunched Committee for the First Amendment - Music Ally - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda reboots Committee for the First Amendment: Artists must speak out before its too late - The Hill - October 2nd, 2025 [October 2nd, 2025]
- Nearly 80 years after McCarthyism, Jane Fonda relaunches Committee for the First Amendment: The stakes are too high - CNN - October 2nd, 2025 [October 2nd, 2025]
- Full-throated assault on the First Amendment: Judge rips into Trump over attempts to deport pro-Palestinian academics - CNN - October 2nd, 2025 [October 2nd, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Montpelier Bridge - October 2nd, 2025 [October 2nd, 2025]
- Rhode Island Latino Arts vs. the Trump administration: Inside a First Amendment court battle - Rhode Island PBS - October 2nd, 2025 [October 2nd, 2025]
- LETTER TO THE EDITOR: School district doesnt believe in First Amendment - Rogue Valley Times - October 2nd, 2025 [October 2nd, 2025]
- Judge Finds the Trump Administration Unconstitutionally Targeted Noncitizens Over Gaza War Protests - First Amendment Watch - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches the Committee for the First Amendment with 550+ Signatories (Including Me) - The Ankler. - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches McCarthy-Era Committee For The First Amendment With Support Of 550 Celebrities Including Barbra Streisand, Pedro Pascal, Ben... - October 2nd, 2025 [October 2nd, 2025]
- Committee to Protect Journalists calls on FCC chair to respect First Amendment rights, press freedom - Editor and Publisher - October 2nd, 2025 [October 2nd, 2025]
- Trump is targeting the First Amendment rights of all Americans - The Contrarian - October 2nd, 2025 [October 2nd, 2025]
- Sens. Blumenthal and Warren Hold Forum on First Amendment and FCC - C-SPAN - September 30th, 2025 [September 30th, 2025]
- The First Amendment Applies to the Doctors Office, Too - National Review - September 30th, 2025 [September 30th, 2025]
- Readers respond: Stand strong for First Amendment - OregonLive.com - September 30th, 2025 [September 30th, 2025]
- The First Amendment as a racist weapon - People's World - September 30th, 2025 [September 30th, 2025]
- Judge Rules MyPillow Guy Mike Lindell Defamed Smartmatic With False Claims on Voting Machines - First Amendment Watch - September 30th, 2025 [September 30th, 2025]
- Someone remind Florida universities that you either have a First Amendment, or you dont - Creative Loafing Tampa - September 30th, 2025 [September 30th, 2025]
- A Big Win for the First Amendment in Retaliatory Case Filed Against Journalist Timothy Burke - freepress.net - September 28th, 2025 [September 28th, 2025]
- Guest Post: Your favorite college team is likely to be violating the First Amendment at its stadium - Extra Points - September 28th, 2025 [September 28th, 2025]
- Where America stands on the First Amendment: key takeaways - Free Speech Center - September 28th, 2025 [September 28th, 2025]
- The Trump administrations relationship with the First Amendment - 1A | Speak Freely - September 28th, 2025 [September 28th, 2025]
- Voices of the Newsroom: Is comedy a First Amendment right? - Los Angeles Loyolan - September 28th, 2025 [September 28th, 2025]
- New York Times columnist discusses the state of free speech and the First Amendment at WashU - studlife.com - September 28th, 2025 [September 28th, 2025]
- Does the First Amendment Apply to Hate Speech?: News Article - Independent Institute - September 28th, 2025 [September 28th, 2025]
- In 'Crucial Victory for the First Amendment,' Charges Against Journalist Timothy Burke Dismissed - Common Dreams - September 28th, 2025 [September 28th, 2025]
- The First Amendment: 7 things you need to know - baldwin-bulletin.com - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel Thanks Trump for Record Ratings After Suspension; Julia Louis-Dreyfus Brings Host a Puppy Whos a Big Fan of the First Amendment - Variety - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel May Be Back. Trumps Attacks on the First Amendment Arent Over - Rolling Stone - September 25th, 2025 [September 25th, 2025]
- How the First Amendment protects Americans speech and how it does not - The Conversation - September 25th, 2025 [September 25th, 2025]
- First Amendment lawyer on Jimmy Kimmel, the FCC and free speech - CBS News - September 25th, 2025 [September 25th, 2025]