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National Review
National Review
17 Aug 2023
Bobby Miller


NextImg:The Corner: Religious Liberty Strikes a Quiet Victory in the Garden State

Religious liberty just got a win in the most unlikely of places — deep-blue New Jersey. The state supreme court just handed down a ruling that might, at first glance, seem modest in its implications but is nonetheless important.

At the heart of the case was a challenge to a Catholic school’s faith-based code of ethics brought by a teacher who was fired for having premarital sex. The court did not attempt to tackle the weighty constitutional question head-on. It declined to declare that the state or federal Constitution unequivocally protects such actions by religious institutions. Instead, the court took a more nuanced approach, suggesting that religious entities could use religious-tenet exceptions of state employment law as a defense against employment-discrimination claims. In other words, the court provided space for faith-based institutions to navigate their doctrinal waters facing the headwinds of societal pressures.

What does this mean for religious liberty in the Garden State? Though limited in scope, this case serves as a reminder that the rights of religious entities, often enshrined in contractual agreements and built upon centuries of theological understanding, still hold weight in our legal system. In a state increasingly hesitant to respect religious freedoms in the face of constantly changing secular mores, the court’s decision offers a meaningful affirmation of America’s foundational values.