RFRA

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Justice Alito: If you're worried about religious liberty, follow news in higher education

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Justice Alito: If you're worried about religious liberty, follow news in higher education

Almost a half century ago, comedian George Carlin recorded his controversial "Seven Words You Can Never Say on Television" monologue.

That was then.

"Today, it would be easy to create a new list entitled, 'Things you can't say if you are a student or a professor at a college of university or an employee of many big corporations.' And there wouldn't be just seven items on that list -- 70 times seven would be closer to the mark," said U.S. Supreme Court Justice Samuel Alito, via Zoom, addressing the recent Federalist Society National Lawyers Convention.

Discussing religious beliefs, he argued, has become especially dangerous.

"You can't say that marriage is the union between one man and one woman," he noted. "Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."

Consider, for example, the case of Jack Denton, a Florida State University political science major whose long-range plans include law school.

In June, he participated in a Catholic Student Union online chat in which, after the death of George Floyd, someone promoted a fundraising project supporting BlackLivesMatter.com, the American Civil Liberties Union and similar groups. Denton criticized ACLU support for wider access to abortion and the BLM group's "What We Believe" website page that, at that time, pledged support for LGBTQ rights and efforts to disrupt "nuclear family" traditions.

"As a Catholic speaking to other Catholics," he said, "I felt compelled to point out the discrepancy between what these groups stand for and what the Catholic Church teaches. So, I did."

Denton didn't expect this private discussion to affect his work as president of the FSU Student Senate. However, an outraged student took screenshots of his texts and sent them to the Student Senate. That led to petitions claiming that he was unfit to serve, a painful six-hour special meeting and his forced exit.

Backed by the Alliance Defending Freedom, Denton sued the university for violating his First Amendment rights, as well as campus policies against discrimination against religious believers. A student court returned him, briefly, to office in late October, after a federal judge ruled that FSU should pay him lost wages. Denton graduates in December.

"This whole experience has certainly perked my interest in studying constitutional law and First Amendment rights, in particular," said Denton, reached by telephone.

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Joe Biden and Democratic strategists face faith issues in 2020 that will not go away

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Joe Biden and Democratic strategists face faith issues in 2020 that will not go away

It didn't matter where Pete Buttigieg traveled in Iowa and the early Democratic Party primaries -- voters kept asking similar questions.

Yes, they asked about his status as the first openly gay major-party candidate to hit the top tier of a presidential race. But they also wanted to know how his faith journey into the Episcopal Church affected his life and his take on politics.

"Those who are on my side of the aisle, those who view themselves as more progressive, are sometimes allergic to talking about faith in a way that I'm afraid has made it feel as if God really did have one political party," said Buttigieg, addressing a webinar for clergy and laypeople in his denomination's House of Deputies.

"It was very important to me to assert otherwise, but also to talk about the political implications of the commandments to concern ourselves with the well-being of the most marginalized and the most vulnerable and the idea that salvation has to do with standing with and for those who are cast out in society. … That energy carried the campaign, in ways that I never would have guessed."

But highly motivated religious believers are, of course, often divided by conflicts about doctrine that then spill over into politics.

Buttigieg waded into one such controversy during the campaign when candidate Beto O'Rourke said congregations and religious institutions that reject same-sex marriage should lose their tax-exempt status.

“If we want to talk about anti-discrimination law for a school or an organization, absolutely. They should not be able to discriminate," said Buttigieg, on CNN's State of the Union broadcast. "But going after the tax exemption of churches, Islamic centers or other religious facilities in this country, I think that's just going to deepen the divisions we are already experiencing."

Other Democrats face similar hot-button issues. Former vice president Joe Biden, during his fight over the "soul of the nation" with President Donald Trump, is sure to hear questions about his Catholic faith and his evolving beliefs on moral and political issues.

Biden backed the Religious Freedom Restoration Act in 1993 and the Defense of Marriage Act in 1996. His views changed, while serving with President Barack Obama.