Friend,
There’s no question that 2021 was a year of ups and downs—for the country, and for church-state separation.
We marked the end of the Trump administration’s misuse of religious freedom to license discrimination, only to see white Christian nationalists join the attack on the Capitol. We celebrated the efforts of the Biden-Harris administration and Congress to restore and protect religious freedom, even as we sounded the alarm about the number of church-state cases on the Supreme Court’s docket this term.
As we prepare for all that 2022 has in store for us, we’re taking a look back at the victories and challenges of the past year. On AU’s blog this week and next, we’re recapping the biggest church-state separation stories of 2021. I’ve gathered several of those blog posts below, and I hope you’ll check out our Wall of Separation blog next week as our series continues.
How does our list compare to yours? What would you say was the biggest church-state separation story of 2021? Please write back and let me know!
As we look forward to AU’s 75th anniversary in 2022, I hope you will join me and all of us here at Americans United by taking inspiration from all that we’ve accomplished, and using that energy to meet the challenges ahead of us. Only with your support can we ensure that the separation of church and state remains the shield that protects the right for all of us to live as ourselves and believe as we choose.
Wishing you a happy new year,
Rob Boston

															AU Senior Adviser & Editor of Church & State

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Strong Start With Biden Administration On Religious Freedom

As soon as the 2020 presidential election results were announced, Americans United issued an “Agenda to Restore & Protect Religious Freedom” for the Biden-Harris administration. Biden got off to a strong start—ticking off one of the agenda items on his first day in office—but there is more work to do.

Challenging Trump-Era Policies In Court

Much of what the Biden administration has not yet fixed on the church-state front, Americans United is working in the courts to address.

The Do No Harm Act Is Reintroduced

This year saw the reintroduction in Congress of an important piece of legislation called the Do No Harm Act. The intent of the act is to restore a 1993 law called the Religious Freedom Restoration Act to its original purpose of protecting religious freedom while ensuring that the law isn’t used to harm others.

Fighting To Put Reasonable Limits On The Ministerial Exception

The ministerial exception has its limits—or at least it ought to. It was never intended to grant all religious employers carte blanche to discriminate in any way they see fit, even against people whose duties have nothing to do with imparting religious doctrine.

Fighting For Equality In Taxpayer-Funded Foster Care

Because the Supreme Court’s decision in Fulton v. Philadelphia earlier this year was narrowly tailored to the specifics of the case, the issue of whether taxpayer-funded foster care agencies can use religious litmus tests to reject prospective parents continues to be fought in court—including in three cases AU is litigating.

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