A look at the religious freedom cases that could be on the Supreme Court docket this term

The United States Supreme Court will begin its October term in less than a week — and several lawsuits related to the First Amendment’s guarantee of religious freedom could potentially land on the docket.

Although the nation’s highest court did not consider any religious liberty cases in its last term and has not yet committed to hearing any in the upcoming term, several lawsuits that touch on the subject have been appealed to the court. To get a lawsuit on the docket, four of the nine justices must agree to hear the case.

Religious liberty in the classroom

The most high-profile religious liberty case being appealed to the Supreme Court deals with religious freedom and parental rights in the classroom. The case, Mahmoud v. Taylor, seeks to protect parents’ right to opt their children out of coursework that conflicts with their religious beliefs.

Catholic, Orthodox, and Muslim parents are suing the Montgomery County, Maryland, Board of Education for not allowing parents to opt their children out of course material that promotes homosexuality, transgenderism, and other elements of gender ideology. The parents are arguing the curriculum, which includes reading material for children as young as 3 and 4 years old, violates their First Amendment right to direct the religious upbringing of their children.

The parents are represented by the Becket Fund for Religious Liberty. The Fourth Circuit Court of Appeals ruled against the parents, but the lawyers appealed the case to the Supreme Court on Sept. 12.

Catholic and Anglican nuns fight abortion mandate in New York

A coalition of Christian religious organizations, which includes Catholic and Anglican nuns, are suing the state of New York over a regulation designed to force organizations to cover abortions in their health care plans. The case, Diocese of Albany v. [Adrienne] Harris, argues that the organizations should be exempt from the mandate on religious freedom grounds.

The regulation, issued by the New York Department of Financial Services, requires health insurance plans to cover “medically necessary” abortions. Although it includes a narrow religious exemption, the strict criteria for qualifying for that exemption may not apply to all faith-based groups, according to the lawsuit.

In 2020, the Supreme Court ruled in favor of the Little Sisters of the Poor when they challenged a similar regulation at the federal level. However, that ruling was based partially on the religious freedom protections in the Religious Freedom Restoration Act — which only applies to federal regulations. Although the same First Amendment concerns are in play, the sisters in New York cannot rely on the Religious Freedom Restoration Act to win their case.

The coalition is also represented by the Becket Fund for Religious Liberty. The New York Court of Appeals — the state’s highest court — ruled that the mandate does not infringe on religious liberty. The lawyers appealed the case to the Supreme Court on Sept. 17.

Whether a Wisconsin Catholic charity is a ‘religious’ organization

A Catholic charity based in Wisconsin is suing its state’s Labor & Industry Review Commission after officials removed its designation as a religious organization — deciding, instead, that its mission is not primarily religious in nature.

The commission removed the religious designation from Catholic Charities Bureau because it claims the organization is not “operated primarily for religious purposes.” That decision prevents the charity from using a Church-run unemployment system and forces it to use the state-run system instead. According to its lawyers, the designation decision could also set a dangerous precedent that could lead to refusing other religious liberty exemptions to faith-based charities.

In Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission, the charity argues that its charitable functions, such as serving the poor, the disabled, and the elderly, are part of living out the Catholic faith. The commission stated that because the charity serves people of all faiths and does not focus on evangelization, it does not qualify as a religious organization.

The charity is also represented by the Becket Fund for Religious Liberty. An appellate court ruled against the charity and the lawyers appealed the case to the Supreme Court on Sept. 17.

Other potential Supreme Court cases

A few other religious liberty cases could also land on the Supreme Court’s docket.

One case, Landor v. Louisiana Dept. of Corrections, would determine whether a prisoner could seek monetary damages for violations of his religious liberty. Damon Landor, a Rastafarian, had his hair forcefully cut off while in custody even though keeping one’s hair in dreadlocks is part of his religious practice.

In another case, Young Israel of Tampa v. Hillsborough Area Regional Transit Authority, a Jewish group is challenging a local ban on religious advertising on public transit.

Another appeal, in Apache Stronghold v. United States, seeks to prevent the federal government from transferring ownership of a sacred Apache site to a British-Australian mining company.