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The Holy Morality of the Supreme Court’s Most Sympathetic Plaintiffs

Slate: “A few months ago, professor Katherine Franke suggested, in a conversation on my podcast Amicus, that the current Supreme Court seems to be working its way toward what she called a “tiered” system of constitutional rights, one that would, in any conflict arising between the two, almost unerringly privilege religious liberty over every other right or interest, whether it was public health, or LGBTQ dignitary interests, or reproductive freedom. She suggested that because religion is explicitly named in the Constitution and those other freedoms or values are not, religion will win every time. More striking still was Franke’s claim that as a result of decades long efforts to privatize social welfare, justice, and health care, and with religious entities rushing in to fill those spaces, even the remaining structures of the public sector will always appear to be anemic, anonymized, and collective…”

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