Why The Supreme Court Is Confused About Religious Freedom: St Mary's v Roy Oral Arguments Reaction
1 hr 30 min
The Supreme Court just heard oral arguments in a major religious freedom case involving Catholic schools, LGBTQ families, and Colorado's taxpayer-funded preschool program. Can Catholic schools receive public funding while refusing to admit children because their parents are gay? I'm joined by @cdamianwrites , a Catholic lawyer and writer, and Simon Kent-Fung, creator of the award-winning "Dear Alana" podcast, to break down the case, the oral arguments, and what this could mean for religious liberty in America. We discuss the Archdiocese of Denver's lawsuit against Colorado, the Becket Fund's legal strategy, Justice Ketanji Brown Jackson's questions about racial discrimination, and why several Supreme Court justices seemed confused about what exactly they were being asked to decide. We also examine the Catholic Church's own teachings on unjust discrimination, the history of religious freedom cases like 'Employment Division v. Smith' and 'Carson v. Makin,' and whether this latest lawsuit could ultimately backfire on religious institutions. As someone who has spent years studying Catholicism, LGBTQ issues, and the intersection of religion and law, I think this case raises much bigger questions than simply who gets admitted to a Catholic preschool. Chris Damien: https://chrisdamien.substack.com Simon Kent Fong: https://simonkentfeng.com Subscribe to Intrinsically Ordered for more conversations about Catholicism, religious deconstruction, LGBTQ issues, and the law. 00:00 Welcome and Why Today 00:49 Case Overview Colorado Pre-K 02:12 Funding vs Discrimination Rules 03:31 Supreme Court Standards Explained 06:29 Colorado’s LGBT Religion Legal History 09:20 Neutral Laws vs Religious Animus 13:05 Why the Justices Asked Why Here 20:00 Crash Course Key Precedents 24:47 Culture War Optics and Real Families 30:11 Downstream Effects If Colorado Loses 37:20 Oral Argument Vibes and Justice Dynamics 45:35 Protected Classes and Catholic Teaching Tension 49:10 When Liberty Bac...