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ABC News legal contributor Kimberly Wehle claimed in a Politico op-ed Wednesday that the conservative Supreme Court justices are aiming to impose a religious, Christian view on the United States.
"Justice Alito doesn’t think society is Christian enough. Recent court decisions show how he intends to remedy that," read the subtitle.
Wehle argued that the recent decisions on the Dobbs, Carson and Kennedy cases show that "religious conservatives" seek to "undermine the bedrock concept of separation of church and state and to promote Christianity as an intrinsic component of democratic government."
"Many legal scholars in the wake of the U.S. Supreme Court’s radical decision to reverse Roe v. Wade have focused on the dangerous implications of the court’s centuries-old worldview on protections for things such as same-sex marriage and contraception. This concern is real, but there is another issue with equally grave constitutional consequences, one that portends the emergence of a foundational alteration of American government itself," Wehle wrote.
Protesters hold up signs during an abortion rights demonstration, Saturday, May 14, 2022, in New York. (AP Photo/Jeenah Moon)
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She argued that the Dobbs decision, which overturned Roe v. Wade, and the Kennedy case, which upheld public prayer, overstepped the establishment clause barring the government from establishing a religion.
"The government cannot establish an official religion or ban public worship. But which clause governs if a government employee openly endorses religious beliefs at work in a way that could be attributed to the government or feel coercive to subordinates? Do the employee’s free exercise rights supersede the government’s obligation to maintain secularity?" Wehle asked.
Although Wehle listed the Carson v. Makin decision, which allows tuition assistance programs to be used for religious schools, as an example of religious establishment favoring Christianity, the Council of Islamic Schools in North America and the Union of Orthodox Jewish Congregations of America filed amicus briefs in support of the plaintiff.
Religious activists praying outside the Supreme Court.
Still, Wehle continued to link the justices’ decisions to establishing Christianity.
"After Dobbs, history and tradition at the time of the framing of the Constitution are now the linchpin of constitutional interpretation. And Thomas has explicitly connected the founding period — and national identity — with Christianity," she wrote.
Various media pundits and Democrat politicians have accused the Supreme Court of forcing Americans into an unconstitutional "Christian theocracy" by eliminating the separation of church and state. However, constitutional experts have noted that the phrase "separation of church and state" does not appear in the U.S. Constitution.
Abortion rights activist rally at the Washington Monument before a march to the U.S. Supreme Court in Washington, May 14, 2022. (JOSE LUIS MAGANA/AFP via Getty Images)
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"Although polls show that declaring the United States a conservative Christian nation is a minority view, the same was said about the reversal of Roe. This Supreme Court clearly doesn’t care," Wehle closed.