The Daily: The Court and the Culture Wars

April 29, 2022

The big idea: The court and the culture wars

The Daily strives to reveal a new idea in every episode. Below, we go deeper on one of those from our show this week.

In deciding Joseph Kennedy's case, the Supreme Court could make a major statement about the role religion may play in public life.Ruth Fremson/The New York Times

A complicated legal case has been reduced to a provocative headline: "Can a public high school coach pray publicly?"

The takes were just as hot in reply. "Jesus said to pray in a 'closet,' not on the 50-yard line," read an op-ed in The Los Angeles Times, while The Atlantic implored: "Let Coach Kennedy Pray."

The Supreme Court's ruling in Kennedy v. Bremerton School District will likely be another firebomb fanning the culture-war flames. In a series of decisions on public funding for religious schools, same-sex foster parenting and public health exemptions during the pandemic, the court has moved "in the direction of a larger role for religion in public life," Adam Liptak, our legal correspondent, said on Wednesday's show.

But what are the long-term implications of this shift? And how is a "lopsided, supercharged six-justice conservative majority," as Adam described the current court, expanding the cultural and legal power of the religious right?

What is at stake in this ruling

The case in question asks whether the law permits Joseph Kennedy, a high school football coach in Bremerton, Wash., to pray on the field after football games. The Supreme Court's conservative majority seemed to be searching on Monday for a narrow way to rule in favor of the coach.

Narrowly, this case is about the rights of government workers (in this case, a public school coach) to free speech and the free exercise of their faith. But it's also a case that will have spillover effects for other legal questions, including: When is a government official acting as a state representative, and when are they acting as an individual? What constitutes religious coercion? And just how separated should church and state really be?

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"The court is moving in the direction of and of encouraging religion to enter the public square and to infuse government. And there never has been a period since the 19th century when the court was that willing to just let the wall of separation between church and state down," Laurence Tribe, a professor of constitutional law at Harvard, said.

Who could come out ahead

The recent run of victories for claims of religious freedom in the Supreme Court have mostly involved Christian groups. That is a change from an earlier era, a recent study found, when the court's rulings tended to protect minority religions and dissenting Christian denominations. (And the court's track record in cases involving Muslim plaintiffs is decidedly mixed, most notably because it rejected a challenge to former President Donald J. Trump's ban on travel from several predominantly Muslim countries.)

"While other [religious groups] may be collateral beneficiaries, the Christians are the primary beneficiaries and that allows them to essentially dictate the terms of their engagement with culture," Robert Tuttle, a professor of law and religion at George Washington University, said.

What could the long-term implications be?

Experts say a conservative majority on the court has emboldened conservative legislators and activists on the religious right to be more strident on multiple issues, including abortion, gun rights, affirmative action and voting rights. As Stuart Stevens, a longtime Republican strategist and Trump critic, told The Morning, "Many in the party see that they no longer need to pretend and they can go back to voicing what they really believe."

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While conservatives are celebrating their majority on the court, some experts question whether this string of rulings will actually be a long-term victory for religious freedom.

"I think initially, the court's direction will be seen by the religious right as a validation of its central place in American politics. But in the long run, I think religious people generally may come to regret what happens when they become so intertwined with the political ascendancy of the right," Mr. Tribe said. "Religious and political or governmental institutions should stay as far apart as possible if the society is not to tear itself apart.

"Because the winds of politics don't follow any particular theology or scripture," he said. "You know, if you ride the back of the tiger, you may end up inside."

From the Audio team: Your Weekend Playlist

Molly Shannon is known for her plucky, determined characters — a spirit that's vivid in her new memoir.Chantal Anderson for The New York Times

This month, as ever, the narrated articles team has been hard at work taping journalists from across the newsroom to bring their journalism to audio. As we prepare to round out this month, here is a selection of some of our best profiles for your weekend playlist. Enjoy.

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The Wolf of Crypto: In the 1990s, Jordan Belfort had a debauched career in high finance, which was immortalized in his tell-all book "The Wolf of Wall Street," and Martin Scorsese's 2013 film of the same name featuring Leonardo DiCaprio. Now, he is turning his attention to a thoroughly modern financial pursuit: NFTs and cryptocurrencies.

The Unsinkable Molly Shannon: Molly Shannon is more knowing than her oblivious characters, but she shares their determination to forge ahead happily no matter the circumstances. That spirit is vivid in her new memoir, "Hello, Molly!" But before readers get to picturesque tales of her upbringing and career, they must first follow her account of one of the darkest days of her life: a car accident that devastated her family.

Richard Linklater and Sandra Adair: "Apollo 10½: A Space Age Childhood" is the 20th feature film that the director and writer Richard Linklater has worked on with Sandra Adair, his longtime editor. The movie's release marked 30 years since the pair embarked on what is among the most enduring collaborations in American movie history.

Valerie Lemercier's Journey to the Center of Celine: Valérie Lemercier's new film — which is kooky, heartfelt and loving — is about an endearingly quirky, mega-famous Canadian belter. Her hits include "My Heart Will Go On" and "The Power of Love." She was happily married to her much older manager. The film's protagonist is not Celine Dion, but Aline Dieu.