Back when I was in the religious liberty litigation business, I’d sometimes give my clients—especially my college student clients—a little talk that went something like this: “Your lawsuit is likely going to get more media attention than anything that your group does for the next 10 years, but that gets the importance of this moment exactly backward. Winning your religious freedom and maintaining your presence on campus is far less important than what you’ll do with that liberty. Your witness will ultimately define you on this campus, not your rights.”
I’ve thought often about those talks in recent years. The reason is simple—Christian liberty is largely secure, yet Christian fear is harming the Christian witness and damaging the culture of the nation we love.
A moment’s historical reflection should demonstrate that few political and legal movements have been more successful in the last 40 years than Christian conservatism. Through a combination of activism and litigation, Christian conservatives have not only achieved veto power over the electoral fortunes of one of America’s two great political parties, they’ve erected a veritable thicket of laws that protect religious expression in public (and even private) spheres.
Court decision after court decision has held that churches and religious organizations enjoy enormous autonomy (greater autonomy than secular organizations) in hiring and firing employees, and that autonomy is nearly absolute when it comes to hiring and firing ministerial employees. They enjoy rights of equal access with secular organizations to public facilities and (in some cases) taxpayer funding. Employees of private companies enjoy broad federal, state, and local protections against religious discrimination. Many of these freedoms aren’t protected by fragile 5-4 Supreme Court majorities. Instead, they rest on precedents decided by 7-2 and even 9-0 margins.