Author: John Stonestreet and Dr. Glenn Sunshine
Given the streak of Supreme Court victories in religious liberty cases in recent years, a prominent commentator at the New York Times has announced that religious freedom in America is “safer than ever.” However, considering that there has been such a consistent flow of court cases addressing threats to religious freedom, President Ronald Reagan’s warnings from decades ago seems more prescient. He often said that “freedom is never more than one generation away from extinction. . .. It must be fought for, protected, and handed on.”
For example, a law was passed recently in New York eliminating the religious exemption for school vaccination requirements after a measles outbreak. The Amish have refused vaccinations throughout their history but now face fines of $2,000 per unvaccinated pupil per day. The only way to pay these fines is to sell their land. So, either they comply, as some have said, or they will have to abandon their farms and move away.
In Colorado, the state offers universal preschool funding but requires adherence to the state’s policy on sexual orientation and gender identity. A Catholic preschool and the archdiocese of Denver say this violates their first amendment rights in contrast to secular preferences allowed by the policy. The Supreme Court will hear their case in a couple of weeks.
In Ohio, an Orthodox Jewish resident wanted to host a small prayer gathering of around 15 men in his home on Holy days in keeping with Orthodox Judaism’s restrictions on driving. The town presented him with a cease-and-desist order, claiming Daniel Grand was operating an unlicensed house of worship, and began monitoring the house to ensure compliance. Grand has been on “a multi-year legal quest to defend his religious freedom.” Our friends at Alliance Defending Freedom will argue this at the Supreme Court.
ADF is also defending an Oregon Christian mother enrolled in a district Homeschooling Partnership that reimburses parents for educational materials. However, this woman was denied reimbursement because her curriculum included “Christian and biblical worldview” material. It approved other materials, including some with different ideological content.
In California, state and district policies limit what schools can tell parents about social transitions and gender identity without the student’s consent. This is being challenged on the basis of both religious liberty and parental due process rights. This shouldn’t even be an issue, as the Supreme Court already decided this in Mahmoud v. Taylor in 2025. But the state, and especially individual districts, are resisting complying with parental notice and opt-out rules.
Just this month in Arizona, police threatened to arrest a man for sharing the Gospel at, believe it or not, a Christmas festival. He is now also in a legal battle.
In Pennsylvania, Holy Trinity Ukrainian Orthodox Church sought to build a chapel, shrine, and related facilities on its property. The township denied or heavily conditioned rezoning and permits while allowing comparable secular structures throughout the town, like country clubs and fitness centers. The case is before the 3rd Circuit Court. Other churches around the country face similar opposition to building on their own property while businesses face no such restrictions.
In other words, the question of what constitutes religious liberty and the limits of the state are constant and ongoing. And, even in cases resolved in favor of religious liberty, the delays, legal battles, and compliance processes become the punishment. Local governments and residents too often do not understand the constitutional rights of religious citizens and, as with Jack Philips, Baronelle Stutzman, and others, state and local government officials are willing to subject people to fines, costs, and court battles that last for years, no matter what the Constitution and the Supreme Court say.
So yes, in recent years, the Supreme Court has secured important religious liberty victories. That does not mean that the threats to religious liberty have abated. They have not. And the constant attacks drain resources, time, and resolve. So, we must continue in our commitment to uphold religious liberty and support those doing the difficult work to defend it. As a quote often (though inaccurately) attributed to Thomas Jefferson says, “Eternal vigilance is the price of liberty.”