New SCOTUS nominee, Kavanaugh, will make religious liberty great again

Jen Kerns
Opinion Contributor
Document Publication: The Hill

Publication Date: July 12, 2018

President Donald Trump announced his nominee for Supreme Court, and now the eyes of the nation are upon Brett Kavanaugh.

Among those are the defenders of religious liberty who have become all too accustomed to being flogged at the steps of the highest court in the land in recent years by Obama-era appointees who appeared to have a political axe to grind.

Now, a new day is dawning as America is poised to welcome a Supreme Court justice that honors religious liberty and the First Amendment just as our forefathers intended.

As a Supreme Court justice, Kavanaugh I am confident will defend Americans’ right to practice their faith without government interference.

As the spokeswoman for the landmark Prop. 8 campaign over marriage and religious liberty — one of the few political campaigns in America to go all the way to the Supreme Court — this pick appeals to me greatly. 

A look at the cases he’s presided over give us some hints as to how he’d rule at the nation's’ highest court.

In more than one instance, Kavanaugh has refused to banish religion from the public square.


He has also voted to uphold conscience rights. 

In Priests for Life v. HHS, Judge Kavanaugh voted to block the Obama administration from forcing religious entities to violate their consciences and be complicit in providing contraceptive and abortion coverage to their employees.

The case was brought on behalf of the Priests for Life; Alveda King, the niece of Dr. Martin Luther King, Jr.; and others. In his ruling, Kavanaugh argued that it is “crystal clear” that “when the Government forces someone to take an action contrary to his or her sincere religious belief...the Government has substantially burdened the individual’s exercise of religion.”

One can presume that Judge Kavanaugh’s commitment to religious liberty comes from his deep-rooted Catholic faith. A product of Catholic schools, he is a reader at his local Catholic parish and coaches Catholic Youth Organization basketball.


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Jen Kerns has served as a GOP strategist and writer for the U.S. presidential debates for FOX News. She previously served as communications director and spokeswoman for the California Republican Party, the Colorado recalls over gun control, and the Prop. 8 battle over marriage which went all the way to the U.S. Supreme Court.

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