Supreme Court justices have prayed with evangelical leaders whose bosses were bringing cases and arguments before the high court.

[link removed]
In the Court of Public Opinion
If you’re reading this, you probably read one or two of the emails over Fourth of July weekend calling for your support, so I won’t belabor the same highlighted Supreme Court cases again here, but I will mention them; they show a new line of thinking about individual religious freedom that will have an ongoing impact in the courts for years to come.

There’s the case of the high school coach who led prayers at the 50 yard line after games. Rather than looking at whether a government action has the effect of supporting or endorsing religion as it has for decades, the Court said courts should interpret the First Amendment’s freedom from religion clause by referencing historical practices, focusing on “original meaning and history.” Under this historical-tradition analysis, the conservative majority concluded that the football coach’s prayer at the 50 yard line was not impermissibly coercive to students/team members. This decision will apply to other school employees, and eventually to cases involving other government employees.


The problem with the majority’s new emphasis on historical analysis of this — or any issue (most egregiously the decision overturning Roe v. Wade) — is that justices can cherry-pick from the historical record to show pretty much anything they want to and overturn inconvenient precedents. Observing precedents provided a stability to the law that supported respect for the Supreme Court. Today that respect is at an all time low ([link removed]) .


The decision that allows taxpayer money to fund overtly religious schools in Maine was decided somewhat differently. Essentially the majority opinion says, “Take a look at our recent decisions on school funding; it’s obvious.” I’d say they phoned in this decision, but that might overestimate the difficulty in making a phone call.


One week after the Supreme Court’s June attack on the separation of religion and government comes this article ([link removed]) . The short version: “Sitting Supreme Court justices have prayed together with evangelical leaders whose bosses were bringing cases and arguments before the high court.” Now, justices are going to pray; that may be unavoidable. What is avoidable is praying with any group that is going to have any business in front of the Court. (Here’sanother version ([link removed]) of the story if you can’t open the original.)


Either the justices don’t know better, or they don’t care, or they don’t think anyone will find out. This revelation comes after we learned that Justice Thomas’s wife actively supports the Big Lie, and he failed to recuse himself from a case involving the results of the presidential election. The Supreme Court has virtually no transparency about conflicts of interest and any decision to recuse from a case is entirely up to the justice with the conflict. However, there comes a big step in the right direction:The Supreme Court Ethics, Recusal, and Transparency Act. ([link removed])


SCERT would require justices to establish a code of conduct, disclose gifts, and set up a recusal process for cases involving any group that significantly supported a justice’s confirmation, or other cases with conflicts, among other important steps. Please go to our Action Alert ([link removed]) and tell your representatives to support the Supreme Court Ethics, Recusal, and Transparency Act. This can only help restore confidence in the third branch of government.


Thank you to everyone who donated to our campaign last weekend. Unfortunately I’ve had to write a lot about the Supreme Court lately. For everyone else, how about this; donate $5 down below and I promise not to write about it again this year! Deal?
The Secular Coalition for America works every day to defend the separation of religion and government and to fight anti-democratic ideologies like Christian nationalism. Your support for this work is vital.
Help us fight for equal rights for nonreligious Americans! ([link removed])

Scott MacConomy, Director of Policy ad Government Affairs at the Secular Coalition for America, wears a blue suit and stands with his arms crossed over his chest in front of the United States Capitol Building.

Your advocate,

Scott MacConomy
Director of Policy and Government Affairs
Secular Coalition for America
P.S. Please consider leaving a legacy gift to the Secular Coalition for America ([link removed]) . The protection of our secular values requires eternal vigilance.

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