Why Establishment Clause Jurisprudence Is Moving From Sour To Sweet

A casual observer could be forgiven for thinking that times have never been worse for religious liberty in America. Over the last few years, headlines have blared alarmist rhetoric such as “Religious Liberty Under Threat, at Home and Abroad” or “Freedom of religion is as threatened today as it was in 1791.” Anyone who has donated a dollar to a conservative cause is likely to have received a flood of fundraising emails suggesting that religious freedom will disappear if they do not donate to one organization or another. 

It is easy to understand why someone may think religious liberty is headed in the wrong direction without doing further research. Fortunately, there is much more to the story. While there is still improvement to be made, and it remains worthwhile to support legitimate religious liberty organizations, we are closer to entering a golden age of religious liberty law than we are to seeing that right extinguished. Establishment Clause jurisprudence is a worthy case study.