Citing the doctrine of Separation of Church and State, the Alliance Defending Freedom, a social conservative group, has been eroding the meaning and purpose of the First Amendment's Freedom of Religion Clause with the Free Speech Clause.The underlying basis of the Freedom of Religion Clause is the right to practice one's religion free from persecution. It does not include the right to persecute others with different religious views. It's a shield. Not a sword. Using free speech to weaponize religious views promotes intolerance and persecutes others who do not share the same religious views.
Recently, the U.S. Supreme Court heard a case of a Colorado baker who refused to bake a cake to celebrate a same-sex marriage, saying it would violate his Christian faith and would hijack his right to express himself. While this may seem persuasive on its face, it is not. The Court is actually being called upon to decide whether freedom of religion includes the right to express one's religious views in a way that persecutes others who do not share the same religious views. The Court's answer must be a resounding "NO!"
Otherwise, we will be descending down a dangerous, slippery slope. If religious expression includes the right to persecute others who do not share your religious views then -- if we carry this thinking to its logical conclusion -- religious-based terrorism itself is justified as a form of religious expression: an expression of intolerance for other religions.
Maurice F. Baggiano, J.D.
Member of the Bar of the United States Supreme Court.