'The Supreme Court Wants to End the Separation of Church and State'
[There is] an emerging legal campaign by religious conservatives on the Supreme Court to undermine the bedrock concept of separation of church and state and to promote Christianity as an intrinsic component of democratic government.
The energy behind this idea was apparent in Justice Samuel Alito’s speech last month for Notre Dame Law School’s Religious Liberty Initiative in Rome. Calling it an “honor” to have penned the 6-3 majority opinion in Dobbs v. Jackson Women’s Health Organization, and mocking international leaders for “lambast[ing]” the ruling, Alito spent the bulk of his remarks lamenting “the turn away from religion” in Western society. In his mind, the “significant increase in the percentage of the population that rejects religion” warrants a full-on “fight against secularism” — which Alito likened to staving off totalitarianism itself. Ignoring the vast historical record of human rights abuses in the name of religion (such as the Taliban in Afghanistan and even his own Catholic church’s role in perpetuating slavery in America), Alito identified the communist regimes of China and the Soviet Union as examples of what happens when freedom to worship publicly is curtailed. Protection for private worship, he argued, is not enough. Because “any judge who wants to shrink religious liberty” can just do it by interpreting the law, Alito insisted that there “must be limits” on that power.
The limits that Alito is referring to have begun to emerge as the court explicitly seeks to anchor its understanding of constitutional rights in early American history—or even earlier, under the English monarchy. Alito and his fellow conservatives evidently pine for a return to a more religiously homogenous, Christian society but to achieve it they are deliberately marginalizing one pillar of the First Amendment in favor of another.
