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Post-Bostock, some folks are saying religious liberty is in terminal decline. For almost 30 years, however, the trend has been in the opposite direction -- strengthening the citadel of religious freedom. Here's where we are /1: frenchpress.thedispatch.com/p/the-true-ext…
Religious employers have a right to impose religious litmus tests on their employees. /2
Religious employers are completely exempt from nondiscrimination statutes when hiring and firing “ministerial” employees. /3
Religious educational institutions enjoy a right to exempt themselves from Title IX. /4
Religious organizations (including religious schools) increasingly have a right of equal access to public funds. /5
Religious organizations enjoy a right of equal access to public facilities. /6
Religious Americans are protected from discrimination in the workplace. /7
Religious Americans enjoy the protection of a federal “super statute.” /8
And that's not all -- the Free Exercise Clause *might* be reinvigorated next term. /9
Yes, religious liberty is under pressure. Every material liberty secured by the Bill of Rights is under pressure from an expanding state. But statutes and cases have erected a citadel of liberty with high and strong walls. Concerns are legitimate, but doomsaying is too much. /end
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