In a new book, Supreme Court Justice Samuel Alito reflects on his views regarding faith and religious liberty. Alito, a Catholic conservative, states that the court's 2015 decision extending marriage rights to same-sex couples was "perhaps the decisive point in our nation's turn against religious liberty." He expressed this opinion during a speech at Catholic University of America, which was not open to the public, three years after the Obergefell v. Hodges ruling. The remarks were published in "So Ordered," a collection of Alito's speeches that he claims represent his judicial philosophy.
Alito, who dissented in the Obergefell case, stated, "In dissent from that ruling, I expressed my worry that equating the expression of certain views with bigotry -- or, if you like, with dignitary harm -- would drive believers out of public life." He believes this prediction has materialized, noting that "Quite suddenly, religious liberty has become controversial."
Throughout the book, Alito cites various lawsuits that have reached the Supreme Court as evidence of a decline in support for religious liberty. These cases include businesses facing penalties for refusing to provide services for same-sex weddings and faith-based organizations affected by government regulations without religious exemptions.
Alito argues that these cases reflect a broader societal refusal to coexist with those who oppose the new moral code. He anticipates that this dynamic will lead to a continued influx of religious liberty cases before the Supreme Court.
In many of the cases Alito references, the court sided with religiously affiliated parties. For example, the court ruled in favor of a Colorado baker who refused to create a wedding cake for a same-sex couple and supported a Christian wedding website designer who objected to creating sites for same-sex ceremonies. Additionally, the court allowed some private employers to opt-out of providing contraceptive coverage under the Affordable Care Act for religious reasons.
Recent rulings have also expanded protections for religious expression in the workplace, including siding with a public school football coach disciplined for praying on the field. Alito has consistently voted in favor of faith-based interests during his tenure on the court.
The issue of same-sex marriage rights remains contentious, with some LGBTQ advocates expressing concerns about the stability of the Obergefell decision. Alito has publicly opposed the ruling but stated he is not advocating for it to be overturned. He suggests that the decision has silenced those who hold traditional views on marriage, comparing them to Catholics marginalized in post-Reformation England.
While Alito's views resonate with some religious liberty advocates, others argue that the current legal landscape has improved for religious freedom. Jeff Mateer, executive vice president of First Liberty Institute, stated that there have been significant court victories for religious liberty, resulting in greater freedoms than in the past. The Becket Fund for Religious Liberty also reported an increase in public expressions of faith in America. Alito, one of six Catholic justices on the current court, acknowledges the legal victories for religious liberty while maintaining that it remains a personal priority.