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Judges & Religious Freedom: Two Major Issues Americans Must Consider When Voting

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November 1, 2024
Judges & Religious Freedom | First Liberty Institute

by Jorge Gomez • 5 minutes

Tuesday is Election Day. As you look at the candidates, we encourage you to carefully consider their positions on judges and religious freedom. No other issues affect more of what you care about than these two.

Judges and the U.S. Supreme Court 

As you consider your vote for the next President, you should carefully consider the people that President will nominate to become Supreme Court Justices and federal judges. Without good judges, we begin to lose our constitutional system as well as the freedoms our Founders put in place, including religious liberty.

Justices and judges can have a greater impact than any other issue because they impact ALL the issues. And they’re appointed for life.

Care about protecting the unborn? Judges impact that. Care about your authority as a parent? Judges impact that. Care about whether you can run your business according to your faith, or raise your children according to your faith, or have your church or religious schools operate without the government ordering transgender bathrooms or curriculum? Judges impact that.

Over the past eight years, the U.S. Supreme Court has issued several opinions protecting religious liberty, free speech and life. These results were dramatically affected by the makeup of the Court, especially by the justices added over the past eight years.

Because of judges who follow the Constitution, religious freedom is regularly winning the day at the Supreme Court and courts across the country. For instance, look at the landmark victory in our case with Coach Joe Kennedy, who had been fired for going to a knee to pray and giving thanks to God after a football game. Look at the victory for our Faithful Carrier, Gerald Groff, a postal worker who was fired because of his commitment to honor the Lord’s Day. Look at the victory for the right of faith-based schools to be included in school-choice programs nationwide.

Americans understand what’s at stake, because 84% of them believe the 2024 presidential election will have a major impact on the future of the U.S. Supreme Court, according to a recent USA Today/Ipsos poll. This year, 63% of registered voters say Supreme Court appointments are very important to their vote, according to Pew Research.

The far Left, politicians and some of the most radical groups in the country are engaged in a full-scale effort to wrest control of the nation’s highest court by any means necessary. They have proposed court-packing, purging conservative Supreme Court justices, ending life tenure for federal judges, and giving Congress power to establish “ethics codes.”

The outcome of the election could put politicians in a position to enact radical changes that would destroy judicial independence and America’s system of justice. Fighting for religious freedom or any other civil liberty means nothing if our judicial system is destroyed.

To learn more about the importance of judges, download our free JUSTICES MATTER guide below:

Justice Matter Onepager Website

Religious Freedom

The Founders put religious freedom as the First Freedom in the First Amendment for a reason. It’s the foundation for all our other civil rights and liberties.

This issue doesn’t just affect religious people. It affects every American. If the government believes it has authority over matters of conscience, what will stop it from infringing on all the other rights? Bottom line: If we lose religious freedom, we lose all our freedoms.

Religious freedom is much more than the “freedom to worship” or a right to believe what you want inside the walls of church. It’s the freedom to live out faith in everyday life – in the workplace, the classroom, or the public square – without facing discrimination or retribution.

Despite America’s foundation of religious freedom, attacks have increased relentlessly in the last few decades. Twenty years ago, First Liberty had under 50 legal matters. Ten years ago, it was 100. We recently had a year in which we fought 620.

Whether an election is to fill a seat on a local school board or the Oval Office, we keep seeing anti-religious-liberty candidates elected who then promote policies and ideas that threaten to take away our right to freely live out our faith. They’re determined to steer America away from our constitutional heritage, while ushering in extreme agendas and ideology that are hostile to people of faith.

How did they gain so much power? Why do so many bad policies and attacks on religious freedom continue to proliferate? The answer is obvious: People of faith stayed home and didn’t vote.

As a person of faith, your vote can make a tremendous difference in the protection of religious liberty. When you go to the ballot box, consider how candidates approach religious freedom. Research and ask:

  • Have they sponsored legislation that harms or supports religious freedom?
  • Have they advocated for stronger or weaker protections for houses of worship?
  • Do they propose policies that will make it easier or harder for people of faith to express their beliefs in public?
  • How will their proposals and ideas impact your ability to work and live in accordance with your faith?
  • Will their proposals force you to violate your religious beliefs at work or school?

First Liberty has a side-by-side comparison of President Donald Trump and Vice President Kamala Harris on religious freedom. Here’s a quick look at how the presidential candidates fare:

Donald Trump and the Trump Administration on Religious Freedom

Kamala Harris and the Biden/Harris Administration on Religious Freedom

Presidential Record One pager | First Liberty Institute


Your Faith. Your Country. Your Vote.

Not everyone can represent a case at the Supreme Court like we do, but you can do something that will have a major impact on the direction of our country: VOTE! We encourage you to vote at every level—whether it’s a local, state or national election.

Visit our Election Resource Center for more information, free downloads and resources, videos and helpful guidance.


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