https://lawliberty.org/religious-liberty-without-constitution/
The holdings of the Court have given us an understanding of religion quite detached now from the G-word (the God of Jews and Christians), that Creator who endowed with “rights”—and duties, as Madison said. A sense, in other words, of rights and wrongs—and the capacity to know the difference. But with these moves, the Court has detached itself also from any moral test for the legitimacy of its own teaching. The lawyer Gunnar Gundersen added the finishing point: On the ground of this moral relativism, there is no longer a ground on which to make the case for the “goodness” of religion—or to justify the exertions of the law to defend religion as a “good” to be protected and promoted in our public life.
The Court managed this week to get something right on religion and the law, but in running true to form these days, it has given us a wondrous construction without quite explaining to us what it all rests upon.
hadley arkes