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Are Catholic Bishops Seeking A Religious Preference Or Religious Freedom?, Ivan E. Bodensteiner

Marquette Law Review

Using the Catholic Bishops’ litigation strategy in challenging the Affordable Care Act as an example, this Article suggests that the Supreme Court’s interpretation of the First Amendment religion clauses has emboldened religious organizations to seek preferred treatment, i.e., “to become a law unto [themselves].” The religion clauses have a common goal, religious freedom, but they are often in tension and require a delicate balance. Beginning with the Rehnquist Court, and continuing with the Roberts Court, the interpretation of the religion clauses, in combination with the free speech clause, has eliminated the wall of separation between religion and government. The wall …