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establishment

06/30/2022 09:37:23 AM

Jun30

Rabbi Jeffrey Myers

The trajectory of the United States Supreme Court is of great concern to me, and it is not due to any one decision, but a body of evolving decisions. This past Monday, the Court decided in what has become a 6-3 conservative supermajority, that public schools must make more accommodations for religion, as the Establishment Clause of the First Amendment slowly dissolves. This case involved a football coach who would pray at midfield at the conclusion of games. Justice Gorsuch wrote for the majority, and opined that the school had mistakenly suppressed his freedom of religious expression because they thought that they had to separate church and state. In his view, this was discriminatory. I now await how this will impact a possible return of prayer in schools.

The prior week’s decision regarding abortion, which invalidated fifty years of precedent and returned the matter to each state to determine their own laws, creates a conflict between those states that prohibit abortion and Jewish law. Within the Conservative Movement, and, might I add, other streams of Judaism, we are pro-life. But that being said, we are pro the life of the mother, in that if a mother’s life is endangered due to her pregnancy, Jewish law demands to terminate the pregnancy to save the mother. In addition, Jewish law recognizes that life begins at birth. When state laws contradict longstanding Jewish law, they impinge upon freedom of religion and the right to practice one’s faith.

A few additional decisions that also side with some religious interests include: the Court ruled that a Catholic social services agency that had a contract with the city of Philadelphia could refuse to fulfill their contractual obligations and not offer same-sex couples the opportunity for adoption of foster children; the Court ruled that privately held corporations could refuse, on religious grounds, to provide insurance to cover contraception for their employees; the Constitution permits religious schools to refuse accommodations for sick and disabled employees; city councils may begin their meetings with Christian prayers. These are but some of the rulings that show a particular leaning.

My interests lie in the fact that all of these decisions not only weaken the Establishment Clause of the First Amendment, but impose particular religious beliefs and practices upon Americans who may not share those beliefs. Any American not of that faith may not only feel uncomfortable, but potentially unwelcome in the United States as the apparent establishment of a specific religion becomes more regular. If one is not of that established religion, it increases the likelihood that the extreme right will grow in their H and potential violence towards non-believers will increase. While the Court will never admit it, their decisions add fuel to antisemitism. And that concerns me, and should concern you as well. The need to work with any and all groups that these decisions negatively impact becomes even greater, as we will ever-increasingly rely upon our collective support and encouragement.

Thu, March 28 2024 18 Adar II 5784