by Jack Ruello
Introduction
In the summer of 2022, the Supreme Court of the United States in Kennedy v. Bremerton School District significantly changed the rights of many Americans by expanding the protection of the Free Exercise Clause. Historically, there has been tension between the Free Exercise Clause and the Establishment Clause with respect to balancing the rights of a person’s freedom to practice their religion against the public’s interest in separation of church and state.[1] The Free Exercise Clause grants Americans the right to practice any religion of their choosing, if any at all.[2] Incidentally, the Establishment Clause prohibits the government from favoring one religion over another by mandating a separation of church and state.[3] The facts in Bremerton also bring the Free Speech Clause into play due to the bifurcated nature of analyzing free speech.[4] This Blog Post will analyze the implications arising from the Court’s decision in Kennedy v. Bremerton School District.