Ramirez v. Collier

Plug-In: Roe falls, plus the Supreme Court's four other biggest religion cases of 2022

Plug-In: Roe falls, plus the Supreme Court's four other biggest religion cases of 2022

It happened.

The U.S. Supreme Court overturned Roe v. Wade, the landmark 1973 ruling that legalized abortion nationwide.

The Associated Press’ Mark Sherman reported:

WASHINGTON (AP) — The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years in a decision by its conservative majority to overturn Roe v. Wade. Friday’s outcome is expected to lead to abortion bans in roughly half the states.

The decision, unthinkable just a few years ago, was the culmination of decades of efforts by abortion opponents, made possible by an emboldened right side of the court that has been fortified by three appointees of former President Donald Trump.

The ruling came more than a month after the stunning leak of a draft opinion by Justice Samuel Alito indicating the court was prepared to take this momentous step.

Read the full opinion in Dobbs v. Jackson Women’s Health Organization.

• • •

I haven’t always paid close attention to the Supreme Court. But lately I do.

On days the nation’s high court releases new opinions, I vow find myself refreshing — again and again — the justices’ home page.

The court’s five biggest religion cases of 2022 have piqued my interest. The Dobbs decision, highlighted above, was not specifically about religion. But religious voices on both sides are a major part of the debate.

Here is where the other four religion cases stand:


Please respect our Commenting Policy

Left and right cheer together, for a change, as U.S. Supreme Court defends religious liberty

Left and right cheer together, for a change, as U.S. Supreme Court defends religious liberty

Before putting his neck on the chopping block, King Charles I turned to his chaplain seeking personal peace after the chaos of the English Civil Wars.

The king was, on that infamous 1649 day, pondering heaven, hell and forgiveness.

“To show you that I am a good Christian," the king said, pointing to London Bishop William Juxon, "I hope there is a good man that will bear me witness that I have forgiven all the world, and even those in particular that have been the chief causers of my death. Who they are, God knows, I do not desire to know. God forgive them."

This isn't the kind of theology that ordinarily shapes U.S. Supreme Court decisions. Nevertheless, it was part of a litany of historical references during debates preceding a recent decision requiring Texas to grant a convicted murderer his Baptist pastor's audible prayers and comforting touch during his execution.

This was a rare moment in which activists on both sides of America's culture wars cheered for "religious liberty," a freedom that until recently didn't require cynical "scare quotes" that suggest uncertainty. This trend in First Amendment discourse has, for me, become the most important story I have covered during the third of a century -- as of this week -- in which I have written this national "On Religion" column.

The big question: Why did appeals to centuries of tradition work this time?

The condemned prisoner, John Ramirez, told the court he believed his pastor's "laying on of hands on him as he dies, and the vocalization of prayers and scripture, will assist his passing from life to death and will guide his path to the afterlife."

In his decision, Chief Justice John Roberts saluted the "rich history" of evidence supporting this prisoner's request "to have his pastor lay hands on him and pray over him during the execution. Both are traditional forms of religious exercise."


Please respect our Commenting Policy

Thinking about prayers at executions: These stories offer glimpses of an old church-state unity

Thinking about prayers at executions: These stories offer glimpses of an old church-state unity

This is a “feeling guilty” post. For quite some time now, I have been planning to examine the coverage of some important religious-liberty cases that have been unfolding in the death-row units of prisons.

The decisions are worthy of coverage, in and of themselves. At the same time, these cases have demonstrated that it is still possible, in this day and age, for church-state activists on the left and right to agree on something. Maybe I should have put a TRIGGER WARNING notice at the start of that sentence.

Like I said the other day in this podcast and post — “Covering a so-called 'religious liberty' story? Dig into religious liberty history” — this kind of unity in defending religious freedom has become tragically rare (from my point of view as an old-guard First Amendment liberal). Indeed, to repeat myself, “America has come a long way since that 97-3 U.S. Senate vote to approve the Religious Freedom Restoration Act of 1993.”

The problem is that you rarely, if ever, see reporters catch this church-state angle in these decisions. The key is to look at who filed legal briefs in support of the religious liberty rights of the prisoners.

This brings me to an important Elizabeth Bruenig essay that ran the other day at The Atlantic, under this dramatic double-decker headline:

The State of Texas v. Jesus Christ

Texas’s refusal to allow a pastor to pray while holding a dying man’s hand is an offense to basic Christian values.

Here is the meaty overture:

Devotees to the cause of religious liberty may be startled to discover during the Supreme Court’s upcoming term that the latest legal-theological dispute finds the state of Texas locked in conflict with traditional Christian practice, where rites for the sick, condemned, and dying disrupt the preferences of executioners.


Please respect our Commenting Policy