Mark Tushnet

Justice Alito warns: To spot religious-liberty trends in USA, listen to voices on campuses

Justice Alito warns: To spot religious-liberty trends in USA, listen to voices on campuses

Almost a half century ago, comedian George Carlin recorded his controversial "Seven Words You Can Never Say on Television" monologue.

That was then.

"Today, it would be easy to create a new list entitled, 'Things you can't say if you are a student or a professor at a college of university or an employee of many big corporations.' And there wouldn't be just seven items on that list -- 70 times seven would be closer to the mark," said U.S. Supreme Court Justice Samuel Alito, via Zoom, addressing the recent Federalist Society National Lawyers Convention.

Discussing religious beliefs, he argued, has become especially dangerous.

"You can't say that marriage is the union between one man and one woman," he noted. "Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."

Consider, for example, the case of Jack Denton, a Florida State University political science major whose long-range plans include law school.

In June, he participated in a Catholic Student Union online chat in which, after the death of George Floyd, someone promoted a fundraising project supporting BlackLivesMatter.com, the American Civil Liberties Union and similar groups. Denton criticized ACLU support for wider access to abortion and the BLM group's "What We Believe" website page that, at that time, pledged support for LGBTQ rights and efforts to disrupt "nuclear family" traditions.

"As a Catholic speaking to other Catholics," he said, "I felt compelled to point out the discrepancy between what these groups stand for and what the Catholic Church teaches. So, I did."

Denton didn't expect this private discussion to affect his work as president of the FSU Student Senate. However, an outraged student took screenshots of his texts and sent them to the Student Senate. That led to petitions claiming that he was unfit to serve, a painful six-hour special meeting and his forced exit.


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