A Critical Analysis Of John Roberts' Three Key Rulings On Church And State Separation

Aria Freeman

5 min read

Post on May 03, 2025

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Town of Greece v. Galloway (2014): Legislative Prayer and the Establishment Clause

This case involved the town of Greece, New York, where town board meetings began with Christian prayers, often delivered by invited local clergy. The plaintiffs argued this practice violated the Establishment Clause of the First Amendment, prohibiting government endorsement of religion. The Supreme Court, in a 5-4 decision, upheld the town's practice.

Chief Justice Roberts' majority opinion emphasized the historical context of legislative prayer in American governance. He argued that the tradition of opening legislative sessions with prayer, frequently Christian in nature, didn't inherently constitute an establishment of religion. His key arguments rested on the idea that the prayer's inclusion within a legislative context, rather than its content, was crucial.

• Arguments for the ruling: The Court pointed to historical precedent showing a long tradition of legislative prayer, viewing it as a permissible acknowledgment of religion's role in public life. The legislative context, they argued, provided a framework for understanding the prayer as part of a civic ceremony rather than a religious imposition.
• Criticisms of the ruling: Critics argued that the ruling potentially excluded minority religions and disregarded the Establishment Clause's intention to prevent government endorsement of particular faiths. They pointed out that the predominantly Christian nature of the prayers created an exclusionary environment for non-Christians.
• Impact on future cases concerning legislative prayer: Town of Greece set a precedent for future cases, suggesting that a long-standing tradition of legislative prayer, even if predominantly of one faith, might not automatically violate the Establishment Clause. However, the decision also fueled continued debate and legal challenges surrounding the issue of religious expression in government settings.

Burwell v. Hobby Lobby Stores, Inc. (2014): Religious Freedom and the Contraceptive Mandate

In Burwell v. Hobby Lobby, the Supreme Court considered the Affordable Care Act's (ACA) contraceptive mandate, requiring employers to provide health insurance covering contraception, even if it conflicted with their religious beliefs. Hobby Lobby, a closely held for-profit corporation, argued that the mandate violated its owners' religious freedom under the Religious Freedom Restoration Act (RFRA).

The Court sided with Hobby Lobby, granting a religious exemption to closely held for-profit corporations. Chief Justice Roberts played a crucial role in crafting this majority opinion, focusing on the RFRA's protection of religious exercise and emphasizing the substantial burden the mandate imposed on the company's religious freedom.

• Arguments for the ruling: The majority argued that forcing Hobby Lobby to violate its sincerely held religious beliefs imposed a substantial burden, justifying an exemption under RFRA. The Court carefully defined the limits of this exemption to closely-held corporations, acknowledging concerns about broader implications.
• Criticisms of the ruling: Critics expressed concern that the ruling could significantly impact women's access to healthcare and create a precedent for businesses to claim religious exemptions from other federal mandates, creating conflicts between religious freedom and public health.
• Implications for religious freedom claims by other businesses: This ruling spurred debate about the scope of religious freedom exemptions for businesses and the potential implications for various legal mandates, such as those related to employment practices or environmental regulations.

Carson v. Makin (2022): Religious School Tuition and the Establishment Clause

Carson v. Makin involved Maine's tuition assistance program, which provided funding for students to attend private schools, but excluded religious schools. Parents of students challenged this exclusion, arguing that it violated the Free Exercise Clause of the First Amendment.

The Supreme Court ruled in favor of the parents, finding that Maine's exclusion of religious schools from its tuition assistance program violated the Free Exercise Clause. Chief Justice Roberts' majority opinion focused on the principle of religious neutrality, arguing that the state could not discriminate against religious schools simply because they are religious.

• Arguments for the ruling: The Court held that Maine's program discriminated against religious schools by denying them equal treatment, thereby violating the Free Exercise Clause. The justices emphasized that the state's neutrality obligation extended to the funding of religious schools when it funded secular schools.
• Criticisms of the ruling: Critics argued that the ruling could lead to increased government funding of religious institutions, potentially blurring the lines between church and state, raising concerns about the separation of powers and potentially undermining the Establishment Clause.
• Implications for state funding of religious schools across the nation: Carson v. Makin has significant implications for how states fund education, potentially leading to changes in tuition assistance programs and increased debate about the role of religion in public education across the nation.

Conclusion: John Roberts' Legacy on Church and State Separation

Chief Justice John Roberts' decisions in Town of Greece, Hobby Lobby, and Carson significantly impact the ongoing conversation about church and state separation in the United States. His interpretations of the Establishment Clause and Free Exercise Clause reveal a complex approach, balancing considerations of historical precedent, religious freedom, and the principle of equal treatment. These rulings have spurred considerable debate, highlighting the continuing tension between safeguarding religious freedom and maintaining a strict separation of church and state. To deepen your understanding of church and state separation, learn more about John Roberts' impact and explore the complexities of religious freedom and the establishment clause. Engage in informed discussions about these critical issues and their ongoing legal and societal implications.