Advancing American Freedom, leading a coalition of 31 other amici, filed an amicus brief with the Supreme Court in Calvary Chapel San Jose v. California. This case presents the Supreme Court with the opportunity to reverse its decision in Employment Division v. Smith which allows government to burden religious exercise so long as the policy in question is neutral and generally applicable. We urge the Court to take up the case.
In this case, a California church is facing a $1.2 million fine for continuing to worship during COVID and for refusing to act as mask-mandate enforcers. If the Court takes this case, it will have the chance to do what several Justice have called for: the overturning of Employment Division v. Smith. That case’s standard for Free Exercise Clause violations, that policies that are neutral and generally applicable do not, in most cases, violate the First Amendment, opens the door for all kinds of abuse of religious Americans. Its time for the Court to reverse that decision.
“Since the Pilgrims left Europe for the New World, religious liberty has been at the heart of American freedom. Employment Division v. Smith has been a stain on that Free Exercise legacy,” said AAF General Counsel J. Marc Wheat. “We urge the Court to take up this case and adopt a new, more protective standard for Americans’ religious liberty.”