From a Beckett Fund release:
“Farewell to a man of principle. The Becket Fund sometimes disagreed with him about what the Constitution meant, but we never doubted it was in safe hands.”
Statement by Kevin J. “Seamus” Hasson, Esq., Founder and Chairman of The Becket Fund for Religious Liberty. Complete statement below.
www.becketfund.org
Under the Rehnquist Court, religious liberty got both better and worse.
Religious Liberty got better because Chief Justice Rehnquist helped to bring a measure of sanity to what had been a crazy Establishment Clause analysis. Before the Rehnquist Court, it was legal for the government to provide parochial school children with film strips, but not with projectors to show them, and with books, but not maps. This is what led Senator Patrick Daniel Moynihan to quip that a future case would have to be about atlases, which are books of maps. Thanks to Chief Justice Rehnquist, much, though not all, of the craziness has subsided.
Religious liberty got worse because the Rehnquist Court insisted on cleaning up the Free Exercise Clause, a Constitutional provision that is designed to be untidy. When the Free Exercise Clause was written, it was easy to let it mean what it said, because America was a Protestant nation with only a few Quakers, Jews and Catholics who dissented. Now that America is more religiously diverse, the Free Exercise Clause gives judges a case of Constitutional vertigo: is it now tempting to not let the Clause mean what it says because hundreds of religious groups will want exemptions from thousands of governmental laws? This was the fear that prompted Chief Justice Rehnquist to tidy up untidy territory.
Chief Justice Rehnquist opted for order over robust freedom of conscience, and we respectfully disagreed with him. Nevertheless, religious liberty is in his debt for the common sense he brought to Establishment Clause





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