Skip to content
Search

Latest Stories

Top Stories

Progressives Have Religious Freedom Too

Opinion

Progressives Have Religious Freedom Too
person standing while reading ook

At the end of March, the Supreme Court heard arguments in a case about religious freedom. In late April, it heard two more. By summer, the Court could decide to give religious employers another tax break, let religious parents excuse their children from classes that mention queer people, and give religious charter schools access to public funding.

Religious freedom in these cases is about conservatives’ religious right to be exempt from certain laws and taxes. They give a Supreme Court dominated by Republican appointees a chance to carve three new religion-shaped holes in American law.


But is religious freedom only for conservatives? Hardly. The Free Exercise Clause of the Constitution’s First Amendment has protected progressives many times over the past century, including all kinds of religious minorities. Even atheists and agnostics have a well-established right to religious freedom under American law, and spiritual people have it, too.

In 2019, for example, Scott Warren defended himself in federal court against claims that he’d violated U.S. law by leaving food and water for migrants crossing the Sonoran Desert. Warren claimed that his Constitutionally guaranteed right of religious freedom protected his sincerely held spiritual beliefs, which required him to care for those migrants even if it meant breaking the law. His defense was modeled on that of Christian leaders in the 1980s who harbored migrants from federal agents by giving them “sanctuary” in their churches and transporting them to sanctuary churches around the country. Their defense mostly worked, and so did Warren’s.

The Law, Rights & Religion Project (LRRP) described examples of religious freedom supporting progressive causes. The report failed to make waves in part because progressives weren’t ready to embrace their religious freedom. Now, in Trump’s second term, with a conservative Supreme Court firmly in place, likely for decades to come, the calculus has changed. As Adam Liptak noted recently in the New York Times, the Supreme Court has ruled in favor of religious people and groups more than 86 percent of the time since John Roberts became Chief Justice in 2005. If the Court rules for religion in the three cases it’s hearing this spring, that rate will jump to nearly 90 percent. The future is clear: religion is winning.

What does religious freedom look like for progressives? The sanctuary movement has shown us that traditional religious leaders, like ministers and Rabbis, can resist laws they consider unjust on religious grounds. Scott Warren proved that spiritual people have this right, too.

During the first Trump administration, a Catholic chapel in Texas refused to allow the government to build a border wall on its land. In states across the country, we’re seeing religious leaders argue for religious exemptions to abortion bans.

Churches don’t pay taxes, and they don’t have to file financial statements with the IRS. This includes progressive churches. Churches are also exempt from some zoning laws. Last year, California legislators passed Yes In God’s Backyard (YIGBY), a law that allows churches to build bigger, denser affordable housing in places where other people can’t.

Atheists, agnostics, and spiritual people also have the right to form religious organizations that can use these exemptions. The courts and the IRS have never challenged that right significantly. The LRRP report highlights many more examples.

Not all of these strategies will work, and yes, this Supreme Court seems to favor Christians over religious minorities. Christians embraced a tenuous religious freedom strategy en masse to resist vaccine mandates, and it was effective even though Christian doctrine has little to say about vaccines.

The fact is that progressives have hardly even tried to exercise their religious freedom because many remain wary of religion. Sociologists have shown that religion’s association with conservative politics has caused a lot of progressives to leave religion altogether.

In my research, I’ve found that nonreligious people can have a strong, visceral dislike for religion. They associate it with authority, groupthink, and dogma rather than community, tradition, and progressive politics. For some, their dislike stems from trauma, including physical and emotional abuse. These are legitimate feelings that are important to acknowledge. It’s also important to remember that not all religions are the same, and not all religious people are conservative. There are even progressive evangelicals, though fewer than there used to be.

For now, progressives are likely to have a surprising advantage. The Supreme Court needs to maintain the appearance of fairness while facing criticism from long-time observers for being too political. If the Court wants to give religious freedom to closely held corporations like Hobby Lobby, then it would look that much worse trying to take it away from atheists and religious minorities who’ve had it for many decades.

Religious freedom is stronger than ever, and it’ll grow in the years ahead. Now’s the time for progressives to get over our purity politics and our bias against religion. Now’s the time to start exercising our religious freedom.

Joseph Blankholm is a professor of Religious Studies at the University of California, Santa Barbara and a Public Voices fellow with The OpEd Project.

Read More

America, you're better than this
white and brown concrete building

America, you're better than this

America is crying out for new leadership. We are stuck in a political swamp of hate and being hated. We can’t continue like this – we must make rational decisions to complex problems, and many of them need to be made quickly. It is simply not possible within the system that Congress has created. We need fresh ideas, fresh minds, and a fresh American spirit.

These are dangerous times for American self-government. We’ve heard that warning before—but the threat is here, right now, within the hearts and minds of our elected leaders. The institutions meant to represent us have become paralyzed or simply reneged on their duties. Partisanship has hardened into identity. Politics has turned into tribal combat instead of public service.

Keep ReadingShow less
Can socialism ever be more than just a fad in America?

Politicians, including Sen. Bernie Sanders (I-VT), right, New York mayoral candidate Zohran Mamdani, second from right,, New York Gov. Kathy Hochul, middle, and New York State Attorney General Letitia James, second from left, march during the NYC Labor Day Parade on Sept. 6, 2025, in New York City.

(Heather Khalifa/Getty Images/TNS)

Can socialism ever be more than just a fad in America?

Here we go again.

Socialism is making a comeback, according to friend and foe alike. A new NBC poll now suggests that a majority of registered voters don’t like capitalism.

Keep ReadingShow less
Fulcrum Roundtable: Militarizing U.S. Cities
The Washington Monument is visible as armed members of the National Guard patrol the National Mall on August 27, 2025 in Washington, DC.
Getty Images, Andrew Harnik

Fulcrum Roundtable: Militarizing U.S. Cities

Welcome to the Fulcrum Roundtable.

The program offers insights and discussions about some of the most talked-about topics from the previous month, featuring Fulcrum’s collaborators.

Keep ReadingShow less
Congress Bill Spotlight: Remove the Stain Act

A deep look at the fight over rescinding Medals of Honor from U.S. soldiers at Wounded Knee, the political clash surrounding the Remove the Stain Act, and what’s at stake for historical justice.

Getty Images, Stocktrek Images

Congress Bill Spotlight: Remove the Stain Act

Should the U.S. soldiers at 1890’s Wounded Knee keep the Medal of Honor?

Context: history

Keep ReadingShow less