Three Cases, One Trend: Examining John Roberts' Impact On Church And State

Chloe Fitzgerald

6 min read

Post on May 03, 2025

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Case 1: Carson v. Makin – School Choice and Religious Expression

Background of the Case:

Carson v. Makin (2022) centered on Maine's tuition assistance program, which allowed parents in unserved areas to send their children to private schools using state funds, but explicitly excluded schools that were religious in nature. The plaintiffs argued this violated their religious freedom rights. The case brought the intersection of school choice, religious expression, and the Establishment Clause of the First Amendment directly before the Supreme Court.

Roberts' Opinion:

Chief Justice Roberts, writing for the 6-3 majority, held that Maine's program discriminated against religious schools, violating the Free Exercise Clause. He stated, "The State pays tuition for certain students at private schools—so long as the schools are not religious. That is discrimination against religion." This decision broadened the understanding of religious freedom in the context of public funding.

• Key arguments presented before the court: The plaintiffs argued that excluding religious schools from the tuition program was discriminatory. Maine countered that it was preventing the use of public funds for religious instruction.
• The majority's decision and its implications: The Court ruled that the state's policy violated the Free Exercise Clause, mandating equal access to tuition assistance regardless of religious affiliation. This significantly impacts school choice programs across the nation.
• Dissenting opinions and their significance: The dissenting justices argued that the decision threatened the separation of church and state, potentially leading to public funding of religious instruction.
• Long-term effects on the interpretation of the Establishment Clause: The decision seemingly weakens the Establishment Clause’s ability to prevent public funding of religious institutions, prompting concerns about potential government entanglement with religion.
• Related keywords: school choice, religious expression, Establishment Clause, Free Exercise Clause, Maine, tuition assistance, religious freedom, separation of church and state.

Case 2: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission – Religious Freedom and Public Accommodation

Background of the Case:

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018) involved a baker who refused to create a wedding cake for a same-sex couple, citing his religious objections. The case pitted the right to religious freedom against anti-discrimination laws, creating a complex legal challenge. The core issue was the balance between religious freedom and the rights of LGBTQ+ individuals.

Roberts' Opinion:

While the Court ruled narrowly in favor of the baker, Chief Justice Roberts’ opinion did not establish a broad exemption for businesses based on religious objections to same-sex marriage. The decision focused on perceived hostility from the Colorado Civil Rights Commission towards the baker’s religious beliefs, raising concerns about procedural fairness.

• Key arguments presented before the court: The baker argued his religious beliefs protected him from being compelled to create a cake celebrating a same-sex marriage. The couple argued this constituted discrimination.
• The majority's decision and its implications for religious freedom: The Court avoided setting a broad precedent, focusing on the specific facts of the case and the perceived bias of the Commission. This led to ongoing uncertainty regarding the scope of religious exemptions in public accommodation laws.
• Dissenting opinions and their relevance: The dissenters highlighted the potential for this ruling to create wide-ranging exceptions to anti-discrimination laws, undermining LGBTQ+ rights.
• Long-term effects on the interpretation of the Free Exercise Clause: The decision leaves the precise scope of the Free Exercise Clause in the context of public accommodation ambiguous, setting the stage for future litigation.
• Related keywords: religious freedom, free exercise clause, public accommodation, same-sex marriage, anti-discrimination laws, Masterpiece Cakeshop.

Case 3: American Legion v. American Humanist Association – Religious Displays on Public Property

Background of the Case:

American Legion v. American Humanist Association (2019) concerned a large Latin cross erected as a war memorial on public land in Maryland. The Humanist Association challenged the cross as an unconstitutional government endorsement of religion, violating the Establishment Clause. This case highlighted the complexities of religious symbols on public property.

Roberts' Opinion:

Chief Justice Roberts, writing for the majority, upheld the cross, finding that its long-standing presence and historical context, rather than signaling present-day government endorsement of religion, demonstrated a secular purpose. This approach emphasized historical context in interpreting the Establishment Clause.

• Key arguments presented before the court: The Humanist Association argued the cross constituted an unconstitutional endorsement of religion. The American Legion argued it was a historical war memorial with secular meaning.
• The majority's decision and its impact on the interpretation of the Establishment Clause: The Court's decision emphasized the importance of considering historical context when evaluating Establishment Clause violations, potentially influencing future cases involving religious symbols in public spaces.
• Dissenting opinions and their significance: Dissenting justices argued the decision ignored the Establishment Clause's core principle of preventing government endorsement of religion.
• Long-term effects on the display of religious symbols in public spaces: This ruling leaves room for more litigation regarding religious symbols in public spaces and the interpretation of historical context in Establishment Clause disputes.
• Related keywords: religious displays, public property, Establishment Clause, war memorials, Latin cross, historical context, government endorsement of religion.

Conclusion: Synthesizing the Trend in John Roberts' Impact on Church and State

The three cases examined reveal a complex and evolving approach by Chief Justice Roberts to church-state relations. While Carson v. Makin significantly expanded religious freedom in the context of school choice, Masterpiece Cakeshop offered a narrow ruling that avoided setting a broad precedent on religious exemptions. American Legion v. American Humanist Association showed a willingness to consider historical context when assessing potential Establishment Clause violations. While a clear, consistent pattern is hard to define, a trend towards a more accommodating view of religious freedom, particularly in the context of government neutrality, might be cautiously inferred, though it does not necessarily represent a departure from the fundamental principles of separation of church and state. The long-term impact of these decisions on the future of church-state relations in the US remains to be seen. Continue exploring the complex interplay of Church and State by researching these cases further and examining other relevant Supreme Court decisions under Chief Justice Roberts’ leadership.