Before the end of their 2017-18 term, the U.S. Supreme Court turned in several decisions cheered by religious liberty advocates. Some were familiar, marked by names that have been in the headlines the past few years. Jack Phillips, a baker who refused to design and decorate a cake for a same-sex wedding, found favor with the justices, who ruled 7-2 that Colorado’s Civil Rights Commission violated the religious free exercise clause of the First Amendment by penalizing Phillips.
Three weeks later, the Court instructed Washington’s Supreme Court to reconsider its decision concerning Barronelle Stutzman, in light of the Phillips decision. Stutzman, a Southern Baptist, is a florist who declined to create floral arrangements for a same-sex wedding.
“We’re encouraged that the Supreme Court decided to give Barronelle a new day in court,” said Travis Wussow, vice president of public policy and general counsel for the Ethics and Religious Liberty Commission.
“Throughout the process in Washington state court, Barronelle’s sincerely held religious beliefs were treated with neither respect nor dignity,” Wussow told Baptist Press. “No one should be punished by the court for his or her religious beliefs, and we look forward to continuing to support Barronelle in her case.”
The Court also found in favor of California pregnancy centers challenging a law that would require them to promote abortion services. The state’s 2015 Reproductive FACT Act mandates that licensed pregnancy centers inform clients about public programs that provide family planning services, including abortion.
The high court ruled the pregnancy centers would likely succeed in their assertion it violates the First Amendment of the U.S. Constitution, and returned the case to a federal court for reconsideration in light of their opinion.
In another case that could have religious liberty implications, the justices ruled in favor of Mark Janus, an Illinois state worker challenging the policy of unions requiring fees from nonmembers. Janus signed onto a 2015 lawsuit filed by Gov. Bruce Rauner (who later was removed from the case) to stop the American Federation of State, County and Municipal Employees (AFSCME) from deducting “fair share” fees from employees not in the union.
In a 5-4 opinion, the justices ruled the practice is a violation of free-speech protections in the First Amendment. The ruling could have religious liberty implications for teachers, said David Schmus, executive director of the Christian Educators Association International. Schmus told Baptist Press, “For years many teachers, including me, have been legally required to financially support unions as a condition of their employment, knowing that their money was going to Planned Parenthood or similar causes—no more.”
-With reporting from Baptist Press